# EUR-Lex - 52014PC0311 - EN

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# 52014PC0311

**Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union with regard to the participation in the CARIFORUM-EU Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part /* COM/2014/0311 final - 2014/0161 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Economic
Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and
the European Community and its Member States, of the other part, was signed on
15 October 2008, and is provisionally applied as of 29 December 2008.

It is important to set up all the institutions provided for by the
Agreement, especially the CARIFORUM-EU Consultative Committee that has still
not been convened despite of its role in promoting dialogue, cooperation and
monitoring under the Agreement.

This Committee,
as the other bodies established under the Agreement, needs to be established by
a decision of the CARIFORUM – EU Joint Council, the main body of the EPA, which
requires on the European side a Council Decision to establish a position based
on Article 218(9) TFEU.

The proposed Council Decision includes as an annex the draft decision of
the Joint Council. The decision of the Joint Council should be adopted by
written procedure on the basis of the conclusions of the
third annual meeting of the Caribbean EPA Trade and Development Committee that
took place in Grenada on 21 November 2013.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The
Consultative Committee established by Article 232 of the CARIFORUM – EU EPA is
a treaty obligation on all Parties to the Agreement.

The European
Economic and Social Committee has expressed its willingness to assist the Consultative
Committee, by organising the selection of the European representatives to the
Committee, and by assuming the Consultative Committee’s secretariat in the
initial period after it is set up.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 207 in conjunction with Article
218(9) of the Treaty on the Functioning of the European Union.

4.           BUDGETARY IMPLICATION

The EU shall finance some limited
administrative expenditure related to Article 5 of the draft decision of the Joint Council included as
an annex, by which the European Economic and Social Committee will serve as the
secretariat of the Committee for an initial period of time.

5.           OPTIONAL ELEMENTS

Not applicable.

2014/0161 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of
the European Union with regard to the participation in the CARIFORUM-EU Consultative
Committee provided for by the Economic Partnership Agreement between the
CARIFORUM States, 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 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
Commission,

Whereas:

(1)       The Economic Partnership Agreement between the CARIFORUM States,
of the one part, and the European Community and its Member States, of the other
part[1], was signed on 15
October 2008, and is provisionally applied as of 29 December 2008.

(2)       Article 232(2) of the
Agreement provides for its Joint Council to decide on the civil-society
participation in the CARIFORUM-EU Consultative Committee, to ensure a broad
representation of all interested stakeholders.

(3)       It is important to set up
all the institutions provided for by the Agreement, especially the CARIFORUM-EU
Consultative Committee that has still not been convened, despite of its role in
promoting dialogue, cooperation and monitoring under the Agreement.

(4)       The European Economic and
Social Committee has expressed its willingness to assist the Consultative
Committee, by organising the selection of the European representatives to the
Committee, and by assuming the Consultative Committee’s secretariat in the
initial period after it is set up.

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the
Union with regard to the adoption of a decision of the CARIFORUM-EU Joint
Council provided for by the Economic Partnership Agreement between the
CARIFORUM States, of the one part, and the European Community and its Member
States, of the other part, on its Consultative Committee, shall be based on the
draft decision of the Joint Council attached to this Decision.

Article 2

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

Done at Brussels,

For
the Council

The
President

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.    Title of the proposal/initiative

1.2.    Policy
area(s) concerned in the ABM/ABB structure

1.3.    Nature
of the proposal/initiative

1.4.    Objective(s)

1.5.    Grounds
for the proposal/initiative

1.6.    Duration
and financial impact

1.7.    Management
mode(s) envisaged

2.           MANAGEMENT MEASURES

2.1.    Monitoring
and reporting rules

2.2.    Management
and control system

2.3.    Measures
to prevent fraud and irregularities

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

3.2.    Estimated
impact on expenditure

3.2.1. Summary of
estimated impact on expenditure

3.2.2. Estimated impact
on operational appropriations

3.2.3. Estimated impact
on appropriations of an administrative nature

3.2.4. Compatibility
with the current multiannual financial framework

3.2.5. Third-party
contributions

3.3.    Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Council Decision on the position to be taken on behalf of the
European Union with regard to the participation in the CARIFORUM – EU
Consultative Committee provided for by the Economic Partnership Agreement
between the CARIFORUM States, of the one part, and the European Community and
its members, of the other part.

1.2.        Policy area(s) concerned
in the ABM/ABB structure[2]

Trade Policy 20.02.01

1.3.        Nature of the
proposal/initiative

X The proposal/initiative relates to a new
action

 ̈ The proposal/initiative relates to a new action
following a pilot project/preparatory action[3]

 ̈ The proposal/initiative relates to the extension of
an existing action

 ̈ The proposal/initiative relates to an action
redirected towards a new action

1.4.        Objective(s)

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

None of the Multi annual financial framework instruments are
affected by this action.

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective No

NA

ABM/ABB activity(ies) concerned

NA

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

The expected result is a reinforced dialogue between representatives
of organisations of civil society.

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

Regular functioning of the Committee.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

The Consultative Committee shall meet twice a year.

1.5.2.     Added
value of EU involvement: Requirement(s) to be met in
the short or long term

The added value of EU involvement is to promote dialogue and
cooperation with organisations of civil society from the EU and CARIFORUM States.

1.5.3.     Lessons learned from
similar experiences in the past

NA

1.5.4.     Compatibility and possible
synergy with other appropriate instruments: Requirement(s)
to be met in the short or long term

NA

1.6.        Duration and financial
impact

X Proposal/initiative
of unlimited duration

– 
Implementation with a start-up period from 2014.

– 
followed by full-scale operation.

1.7.        Management mode(s) planned[4]

From the 2014 budget

 ̈ Direct management by the Commission

– 
X by its departments, including by its staff in
the Union delegations;

– 
 ̈  by the executive agencies;

Comments

As foreseen in the Memorandum of Understanding signed between
DGTRADE and the European Economic and Social Committee (EESC), the EESC shall
serve as the secretariat of the Committee for an initial period ending 31
December 2014.

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

2.1.1.     Specify frequency and conditions. Requirement(s) to be met in the short or long term

The Consultative Committee shall meet twice a year.

2.2.        Management and control
system

2.2.1.     Risk(s) identified.
Requirement(s) to be met in the short or long term

No specific risks are identified. Disbursement of expenses will only
occur when the Consultative Committee meets.

2.2.2.     Information concerning the
internal control system set up. Requirement(s) to be
met in the short or long term

Internal control systems may be defined by the Consultative
Committee.

2.2.3.     Estimate of the costs and
benefits of the controls and assessment of the expected level of risk of error.
Requirement(s) to be met in the short or long term

NA

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

Expenses will be duly justified.

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number 4 (Global Europe) line 200201 || Diff./non-diff. ([5]) || from EFTA countries[6] || from candidate countries[7] || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation

|| [...][XX.YY.YY.YY] || Diff./non-diff. || NO || NO || NO || YES/NO

· New budget lines requested

In order of multiannual financial framework
headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [...][Heading..........................................................] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation

|| [...][XX.YY.YY.YY] || || YES/NO || YES/NO || YES/NO || YES/NO

3.2.        Estimated impact on
expenditure

[This section should be filled in using spreadsheet on budget
data of an administrative nature (second
document in annex to this financial statement) and uploaded to CISNET for
interservice consultation purposes.]

3.2.1.     Summary of estimated impact
on expenditure

EUR million (to three decimal places)

Heading of multiannual financial framework || Number || [...] Heading 4 (Global Europe) line 200201

DG: TRADE || || || Year N[8] || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

Ÿ Operational appropriations || || || || || || || ||

Number of budget line || Commitments || (1) || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

Payments || (2) || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

Number of budget line || Commitments || (1a) || || || || || || || ||

Payments || (2a) || || || || || || || ||

Appropriations of an administrative nature financed from the envelope of specific programmes[9] || || || || || || || ||

Number of budget line || || (3) || || || || || || || ||

TOTAL appropriations for DG <....> || Commitments || =1+1a +3 || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

Payments || =2+2a +3 || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || || || || || || || ||

TOTAL appropriations for HEADING 4 of the multiannual financial framework || Commitments || =4+ 6 || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

Payments || =5+ 6 || 0.05 || 0.05 || 0.05 || 0.05 || || || ||

If more than one heading is affected by the proposal /
initiative:

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

Heading of multiannual financial framework || 5 || " Administrative expenditure "

EUR million (to three decimal places)

|| || || Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

DG: <.......> ||

Ÿ Human resources || || || || || || || ||

Ÿ Other administrative expenditure || || || || || || || ||

TOTAL DG <.......> || Appropriations || || || || || || || ||

TOTAL appropriations for HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || || || || || || || ||

EUR million (to three decimal places)

|| || || Year N[10] || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || || || || || || || ||

Payments || || || || || || || ||

3.2.2.     Estimated impact on
operational appropriations

– 
 ̈  The proposal/initiative does not require the use of operational
appropriations

– 
 ̈  The proposal/initiative requires the use of operational
appropriations, as explained below:

Commitment appropriations in EUR million (to three
decimal places)

Indicate objectives and outputs ò || || || Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

OUTPUTS

Type[11] || Average cost || No || Cost || No || Cost || No || Cost || No || Cost || No || Cost || No || Cost || No || Cost || No total || Total cost

SPECIFIC OBJECTIVE No 1[12] ... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Subtotal for specific objective No 1 || || || || || || || || || || || || || || || ||

SPECIFIC OBJECTIVE NO 2 ... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Subtotal for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || || || || || || || || || || || || || || ||

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

– 
x  The proposal/initiative does not
require the use of appropriations of an administrative nature

– 
 ̈  The proposal/initiative requires the use of appropriations of an
administrative nature, as explained below:

EUR million (to
three decimal places)

|| Year N[13] || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

HEADING 5 of the multiannual financial framework || || || || || || || ||

Human resources || || || || || || || ||

Other administrative expenditure || || || || || || || ||

Subtotal HEADING 5 of the multiannual financial framework || || || || || || || ||

Outside HEADING 5[14] of the multiannual financial framework || || || || || || || ||

Human resources || || || || || || || ||

Other expenditure of an administrative nature || || || || || || || ||

Subtotal outside HEADING 5 of the multiannual financial framework || || || || || || || ||

TOTAL || || || || || || || ||

The human resources
appropriations required will be met by appropriations from the DG that are
already assigned to management of the action and/or have been redeployed within
the DG, together if necessary with any additional allocation which may be
granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints.

3.2.3.2.  Estimated
requirements of human resources

– 
x  The proposal/initiative does not
require the use of human resources.

– 
 ̈  The proposal/initiative requires the use of human resources, as
explained below:

Estimate to be expressed in full time
equivalent units

|| || Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

|| Ÿ Establishment plan posts (officials and temporary staff) || ||

|| XX 01 01 01 (Headquarters and Commission’s Representation Offices) || || || || || || ||

|| XX 01 01 02 (Delegations) || || || || || || ||

|| XX 01 05 01 (Indirect research) || || || || || || ||

|| 10 01 05 01 (Direct research) || || || || || || ||

Ÿ External staff (in Full Time Equivalent unit: FTE)[15] ||

|| XX 01 02 01 (CA, SNE, INT from the "global envelope") || || || || || || ||

|| XX 01 02 02 (CA, LA, SNE, INT and JED in the delegations) || || || || || || ||

|| XX 01 04 yy[16] || - at Headquarters || || || || || || ||

|| - Delegations || || || || || || ||

|| XX 01 05 02 (CA, SNE, INT - Indirect research) || || || || || || ||

|| 10 01 05 02 (CA, INT, SNE - Direct research) || || || || || || ||

|| Other budget lines (specify) || || || || || || ||

|| TOTAL || || || || || || ||

XX is the policy
area or budget title concerned.

The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

Description of
tasks to be carried out:

Officials and temporary staff ||

External staff ||

3.2.4.     Compatibility with the
current multiannual financial framework

– 
x  Proposal/initiative is compatible the
current multiannual financial framework.

– 
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

[...]

– 
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[17].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

[...]

3.2.5.     Third-party contributions

– 
x The proposal/initiative does not provide
for co-financing by third parties.

– 
The proposal/initiative provides for the
co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

3.3.        Estimated impact on
revenue

– 
x  Proposal/initiative has no financial
impact on revenue.

– 
 ̈  Proposal/initiative has the following financial impact:

 ̈         on own resources

 ̈         on miscellaneous revenue

EUR million (to three decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[18]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.

[...]

Specify the method for
calculating the impact on revenue.

[...]

[1]               OJ
L 289, 30.10.2008, p. 3.

[2]               ABM:
activity-based management – ABB: activity-based budgeting.

[3]               As
referred to in Article 54(2)(a) or (b) of the Financial Regulation.

[4]               Details
of management modes and references to the Financial Regulation may be found on
the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[5]               Diff.
= Differentiated appropriations / Non-Diff. = Non-differentiated
appropriations.

[6]               EFTA:
European Free Trade Association.

[7]               Candidate
countries and, where applicable, potential candidate countries from the Western
Balkans.

[8]               Year
N is the year in which implementation of the proposal/initiative starts.

[9]               Technical
and/or administrative assistance and expenditure in support of the
implementation of EU programmes and/or actions (former "BA" lines),
indirect research, direct research.

[10]             Year N is the year in which implementation of the
proposal/initiative starts.

[11]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[12]             As described in point 1.4.2. ‘Specific objective(s)...’

[13]             Year N is the year in which implementation of the
proposal/initiative starts.

[14]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.

[15]             CA= Contract Staff; LA = Local Staff; SNE= Seconded
National Expert; INT = agency staff; JED= Junior Experts in Delegations).

[16]             Sub-ceiling for external staff covered by operational
appropriations (former "BA" lines).

[17]             See points 19 and 24 of the Interinstitutional
Agreement (for the period 2007-2013).

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

ANNEX

DECISION
No .../2014 OF THE JOINT COUNCIL

set up by the Economic Partnership Agreement between the CARIFORUM
States, of the one part, and the European Community and its Member States, of
the other part concerning participation in the CARIFORUM-EU Consultative
Committee

THE JOINT CARIFORUM-EU COUNCIL,

Having regard to the Economic Partnership
Agreement between the CARIFORUM States, of the one part, and the European Community
and its Member States, of the other part (hereinafter referred to as the “Agreement”),
and in particular Article 232(2) thereof,

Whereas in the light of the objectives laid
down under Article 1 of the Agreement, and the commitment to its monitoring
provided for in Article 5 of the Agreement, it is appropriate to determine
participation in the CARIFORUM-EU Consultative Committee,

HAS DECIDED AS FOLLOWS:

Article 1

1.           The CARIFORUM-EU
Consultative Committee (hereafter "the Committee") shall be made up
of forty (40) standing representatives of organisations of the civil society as
follows:

(i)      twenty-five (25) in representation of
organisations located in the CARIFORUM States; and

(ii)     fifteen (15) in representation of
organisations located in the EU

2.           In each set of
representatives referred to above, there shall be a balanced representation of:

(a)     employers' organisations,

(b)     trade unions,

(c)     other economic, social and
non-governmental organizations, including development and environmental
organisations; and

(d)     the academic community.

3.           Standing representatives shall serve for two years.
Relevant expertise and broad geographical and sectoral representation shall be
ensured.

4.           For the purpose of this
Decision, “organisations of civil society” includes institutions, associations,
foundations, advocacy groups and other entities of a non-governmental nature
which have a non-profit making aim and which are able to provide advice or
contribute specialised information on matters covered by the Agreement, as well
as representatives of the academic community.

5.           An organization shall be
deemed to be located in the territory of a CARIFORUM State or of the EU if such
organisation has its statutory office and the central management and control in
the territory of a CARIFORUM State or the EU as the case may be.

Article 2

1.           The Committee shall be
composed by the Joint CARIFORUM – EU Council of representatives
of organizations of the civil society selected in
accordance with Article 1 by the EU and the CARIFORUM States, respectively.

2.           The Joint CARIFORUM – EU
Council may also modify the list of members when necessary.

3.           Any vacancy in the
membership of the Committee shall not invalidate the constitution of the
Committee or impair the right of the remaining members to act.

4.           A majority of the members
selected by the EU and a majority of the members selected by the CARIFORUM
States shall constitute a quorum of the Committee.

Article 3

Standing representatives may receive
financial assistance for the discharge of their duties within the Committee.

Article 4

Any organization fulfilling the requirements
of paragraph 1 of Article 232 of the Agreement may attend meetings of the
Committee as an observer.

Article 5

The European Economic and Social Committee
shall serve as the secretariat of the Committee for an initial period ending on
31 December 2014 . Thereafter an organisation or entity selected by the
CARIFORUM States followed by an organisation or entity selected by the EU shall
act alternatively for periods of 12 months as the secretariat of the Committee.

Article 6

This Decision shall enter into force on [...]

Done at [...] on [...] 201X