# EUR-Lex - 52013PC0612 - EN

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# 52013PC0612

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Joint Committee set up by Article 11 of the Agreement between the European Union and Moldova on protection of geographical indications of agricultural products and foodstuffs, as regards the adoption of the rules of procedure of the Joint Committee /* COM/2013/0612 final - 2013/0300 (NLE) */**

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EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL

The agreement between the EU and the Republic of Moldova on protection of geographical indications of agricultural products
and foodstuffs, which entered into force on 1 April 2013, foresees in its
Article 11 the establishment of a Joint Committee. The Joint Committee has as
its purpose, monitoring the development of the Agreement and intensifying the
co-operation and dialogue on geographical indications between the EU and Moldova.

Further to Article 11(2) of the Agreement,
the Joint Committee shall determine its own rules of procedure. These rules of
procedure should be based on the draft Decision of the Joint Committee, which
is annexed to the Decision. The proposed rules have already been agreed by the
authorities of the Republic of Moldova and follow the standard text, for this
type of agreement.

2013/0300 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union within the Joint Committee set up by Article 11 of the Agreement
between the European Union and Moldova on protection of geographical
indications of agricultural products and foodstuffs, as regards the adoption of
the rules of procedure of the Joint Committee

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The Agreement between the
European Union and Moldova on protection of geographical indications of
agricultural products and foodstuffs[1]
("the Agreement") entered
into force on 1 April 2013[2].

(2)       Article 11 of the
Agreement establishes a Joint Committee which shall, inter alia, ensure that
the Agreement operates properly.

(3)       According to Article 11(2)
of the Agreement, the Joint Committee determines its own rules of procedure.

(4)       The position of the Union within the Joint Committee as regards the adoption of the rules of procedure of that
Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted by the European
Union within the Joint Committee set up by Article 11 of the Agreement between
the European Union and Moldova on protection of geographical indications of
agricultural products and foodstuffs, as regards the adoption of the rules of
procedure of that Joint Committee, shall be based on the draft Decision of the
Joint Committee, attached to this Decision.

Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the Joint Committee without
further decision of the Council.

Article 2

After its adoption, the Decision of the
Joint Committee shall be published in the official Journal of the European
Union.

Article 3

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

Done at Brussels,

For
the Council

The
President

ANNEX

Draft

Decision
of the Joint Committee

of
...

on
the adoption of its Rules of Procedure

THE JOINT COMMITTEE,

Having regard to the Agreement between the
European Union and Moldova on protection of geographical indications of
agricultural products and foodstuffs, and in particular Article 11 thereof,

Whereas that Agreement entered into force on
1 April 2013,

HAS ADOPTED THIS DECISION:

Article 1
Heads of Delegation

1.           The European Union and Moldova ("the Parties"), shall each appoint a Head of Delegation who shall be the
contact person for all matters relating to the Committee.

2.           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.

Article 2
Chair

1.           The office of Chair of the
Committee shall be held alternately, for a period of one calendar year, by the
Head of Delegation of each Party.

2.           The Chair shall be
responsible for the secretarial duties of the Committee.

Article 3
Meetings

1.           The Chair shall fix the
date and venue or, in the case of meetings by electronic means, the technical
arrangements, of meetings in agreement with the other Head of Delegation. The
Chair and the other Head of Delegation shall, in agreeing the time and place of
the meeting, observe the requirement to hold a meeting within 90 days.

2.           Where both Parties agree,
Joint Committee meetings can be attended by experts that are able to supply
requested specific information.

3.           Unless otherwise jointly
agreed, the meetings of the Committee shall not be public.

Article 4
Correspondence

1.           All correspondence to or for
the Committee shall be sent to the Chair of the Committee. The latter shall
send a copy of all correspondence relating to the Committee to the other Head
of Delegation, to the Head of the Moldovan Mission in Brussels and to the Head
of the Delegation of the EU in Chisinau.

2.           Correspondence between the
Chair and the other Head of Delegation may be by any written means, including
electronic mail.

Article 5
Agendas for the meetings

1.           The Chair shall draw up
the draft agenda prior to a meeting. The draft agenda shall be sent to the
other Head of Delegation no later than 20 working days before the start of the
meeting. The draft agenda circulated by the Chair shall include any item
covered by Article 11(3) of the Agreement, chosen by the Chair.

2.           The Heads of Delegation
may request additional items covered by Article 11(3) at least 10 working days
before the start of the meeting, which the Chair must include on the draft
agenda.

3.           A final draft agenda shall
be circulated to the other Head of Delegation by the Chair at least five
working days before the start of the meeting.

4.           The agenda shall be
adopted by joint agreement by the Chair and the other Head of Delegation at the
start of each meeting. An item other than those appearing on the draft agenda
may be placed on the agenda if the Chair and other Head of Delegation so agree.

Article 6
Adoption of instruments

1.           The decisions of the
Committee within the meaning of Article 11(2) of the Agreement shall be
addressed to the Parties and shall bear the signatures of the Chair and of the
other Head of Delegation.

2.           Either Party may decide to
publish any decision adopted by the Committee.

Article 7
Written procedure

1.           A decision of the
Committee may be adopted by a written procedure where the Chair and the other
Head of Delegation so agree.

2.           The Head of Delegation
proposing the use of the written procedure shall submit the draft decision to
the other Head of Delegation. The other Head of Delegation shall reply,
indicating whether he or she accepts or does not accept the draft, proposes any
amendments, or requests further time for reflection. If the draft is adopted,
it shall be finalised in accordance with Article 6(1).

Article 8
Minutes

1.           The Chair shall draw up
draft minutes of each meeting and submit them to the other Head of Delegation
within 20 working days of the meeting. The draft minutes shall state the
recommendations made and may also note any other conclusions reached. The other
Head of Delegation shall agree to the draft, or submit proposed amendments.
Once there is agreement on the draft minutes, two original copies shall be
signed by the Chair and by the other Head of Delegation. An original copy of
the minutes shall be kept by the Chair and one by the other Head of Delegation.

2.           In the event there is no
agreement on the minutes before the subsequent meeting is convened, the minutes
shall record the draft drawn up by the Chair to which shall be annexed the
proposed amendments submitted by the other Head of Delegation.

Article 9
Expenses

Each Party shall bear the expenses it
incurs in taking part in the meetings of the Committee.

Article 10
Confidentiality

The deliberations of the Committee shall be
confidential.

[1]               OJ L10, 15 January 2013, p.1

[2]               OJ L 61, 5 March 2013, p.1.