# EUR-Lex - 52013PC0086 - EN

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# 52013PC0086

**Proposal for a COUNCIL DECISION on a European Union Position concerning the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee provided for by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part /* COM/2013/086 final - 2013/0053 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Interim Agreement establishing a framework for an Economic
Partnership Agreement (referred to as the 'Interim EPA') between the Eastern
and Southern Africa States (ESA), on the one part, and the European Community
and its Member States on the other part was signed on 29 August 2009 and has
been provisionally applied since 14 May 2012.

Article 64 of the Agreement establishes an EPA Committee which shall
be responsible for the administration of the Agreement and for the fulfilment
of any of the tasks mentioned therein.

The EPA Committee shall be assisted in the
performance of its duties by the Customs Cooperation Committee, which is
established in accordance with the Article 41 of the Protocol 1 of the Agreement,
and the Joint Development Committee, which is established in accordance with
the Article 52 of the Agreement.

The EPA Committee shall determine the rules
governing its organisation and operation as well as the Rules of Procedure for
the two Sub-Committees.

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

The obligation to establish the Rules of
Procedure is set up in the Interim EPA. All Parties to the Agreement were
consulted and the text of the Rules of Procedure was agreed and endorsed ad
referendum with the four Signatory ESA States (Madagascar, Mauritius,
Seychelles and Zimbabwe) at the inaugural meeting of the EPA Committee in
October 2012.

No impact assessment of the present
proposal has been carried out since the present initiative does not have a
direct economic, social nor environmental impact.

3.           LEGAL ELEMENTS OF THE PROPOSAL

The proposal includes a draft Council
Decision based on Article 218(9) of the Treaty on the Functioning of the
European Union to establish a European Union position. Similar decisions have
been adopted in the past to adopt the procedural rules of EPAs.

This Council Decision includes as an annex
a draft Decision to be taken by the EPA Committee in 2013. The latter includes
3 annexes that cover, respectively, the rules of procedure of the EPA
Committee, of the Customs Cooperation Committee, of the Joint Development
Committee. All these rules were agreed and endorsed ad referendum with the four
Signatory ESA States at the inaugural meeting of the EPA Committee in October
2012.

4.           BUDGETARY IMPLICATION

Limited to administrative expenditure.

2013/0053 (NLE)

Proposal for a

COUNCIL DECISION

on a European Union Position concerning
the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee
and the Joint Development Committee provided for by the Interim Agreement
establishing a framework for an Economic Partnership Agreement between the
Eastern and Southern Africa States, on the one part, and the European Community
and its Member States, on the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the European
Union and the Treaty on the Functioning of the European Union, and in
particular Articles 207 and 209 in conjunction with Article 218(9) thereof,

Having regard to the Council Decision on
signature and provisional application of the Interim Agreement establishing a
framework for an Economic Partnership Agreement between the Eastern and
Southern Africa States, on the one part, and the European Community and its
Member States, on the other part[1],

Having regard to the proposal from the
Commission,

Whereas:

(1)       The Interim Agreement
establishing a framework for an Economic Partnership Agreement between the
Eastern and Southern Africa States, on the one part, and the European Community
and its Member States, on the other part was signed on 29 August 2009 and
is provisionally applied since 14 May 2012.

(2)       Article 64 of the said
Agreement establishes an EPA Committee, which shall be responsible for the
administration of the Agreement and for the fulfilment of any of the tasks
mentioned therein.

(3)       Article 64 provides that
the EPA Committee shall determine the rules governing its organisation and
operation.

(4)       The EPA Committee shall be
assisted in the performance of its duties by the Customs Cooperation Committee,
which is established in accordance with Article 41 of the Protocol 1 of the
Agreement, and the Joint Development Committee, which is established in
accordance with Article 52 of the Interim Agreement.

(5)       The European Union should
determine the position to be taken with regard to the adoption of the Rules of
Procedure for the EPA Committee and the two Sub-Committees established under
the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The position of the European Union in view
of the adoption of a decision of the EPA Committee provided for by the Interim
Agreement establishing a framework for an Economic Partnership Agreement
between the Eastern and Southern Africa States, on the one part, and the European
Community and its Member States, on the other part, on its Rules of Procedure
shall be based on the draft decision of the EPA Committee annexed to this
Decision.

Minor changes to the draft Decision may be agreed to without further
decision of the Commission or Council.

Article 2

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

Article 3

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

Done at Brussels,

For
the Council

The
President

ANNEX

DECISION
No .../2013

OF
THE EPA COMMITTEE

set up by the Interim Agreement establishing a framework for an Economic
Partnership Agreement between the Eastern and Southern Africa States, on the
one part, and the European Community and its Member States, on the other part
concerning the adoption of the Rules of Procedure of the EPA Committee, the
Customs Cooperation Committee and the Joint Development Committee

THE EPA COMMITTEE,

Having regard to the Interim Agreement establishing a framework for
an Economic Partnership Agreement between the Eastern and Southern Africa
States, on the one part, and the European Community and its Member States, on
the other part (hereinafter referred to as the “Agreement”), signed in Grand
Baie on 29 August 2009 and provisionally applied since 14 May 2012, and in
particular Article 64 thereof,

Whereas:

(1)
The Agreement provides that the EPA Committee
shall determine the rules governing its organisation and operation,

(2)
The EPA Committee shall be assisted in the
performance of its duties by the Customs Cooperation Committee, which is
established in accordance with Article 41 of the Protocol 1 of the Agreement,
and the Joint Development Committee, which is established in accordance with
Article 52 of the Interim Agreement.

HAS DECIDED AS FOLLOWS:

Article 1

1.           The Rules of Procedure of
the EPA Committee are established as set out in Annex I, the Rules of Procedure
of the Customs Cooperation Committee in Annex II and the Rules of Procedure of
the Joint Development Committee in Annex III.

2.           These Rules are without
prejudice to any special rules provided for in the Agreement or which may be
decided by the EPA Committee.

Article 2

This Decision shall enter into force on ....

Done at (place), on (date).

ANNEX I

RULES OF PROCEDURE OF THE EPA COMMITTEE

set up by the Interim Agreement
establishing a framework for an Economic Partnership Agreement between the
Eastern and Southern Africa States, on the one part, and the European Community
and its Member States, on the other part

Article 1

Scope
of application

The
Rules of Procedure in this Annex shall apply to the proceedings of any of the
meetings of the EPA Committee.

Article 2

Composition and Chair

1.           The EPA Committee is
composed, on the one hand, of representatives of the EU Party and, on the other
of representatives of Signatory States from the Eastern and Southern Africa
("Signatory ESA States")[2],
at ministerial or senior official level.

2.           Reference to "the
Parties" in the Rules of Procedure is in accordance with the definition
provided for in Article 61 of the Agreement.

3.           The EPA Committee at
ministerial level shall be co-chaired by a representative of the European Union
and by a representative of the ESA States. The EPA Committee at senior official
level shall be co-chaired by the senior officials of the European Commission,
on behalf of the EU Party, and by the representatives of the Signatory ESA
States, normally at senior official level. The Signatory ESA States will assume
chairmanship on a yearly rotating basis.

Article 3

Observers

1.           Representatives of the
Common Market for Eastern and Southern Africa (COMESA) and the representatives
of the Indian Ocean Commission (IOC) shall be invited to participate in the EPA
Committee meetings as observers.

2.           The Secretary of the EPA
Committee shall notify representatives of COMESA and the IOC of any meeting of
the EPA Committee so that they may participate as observers.

3.           The Parties may
collectively decide to invite additional observers on an ad hoc basis. Such
observers may participate at the meeting, upon invitation of a Co-chairman and
approval of the EPA Committee.

4.           The EPA Committee may
determine that any part of meetings involving sensitive matters may be closed
to observers.

Article 4

Meetings

1.           The EPA Committee shall
meet once a year or when circumstances so require, if the Parties so agree. If
both Parties agree, the meetings of the EPA Committee may be held by a video or
teleconference. In such case each Party will bear its respective cost
associated with holding the meeting by such means, unless agreed otherwise.

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

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

Article 5

Delegations

Before each meeting, the Co-chairs of the EPA Committee shall be
informed of the intended composition of the delegations of ESA States and of
the EU Party.

Article 6

Secretariat

1.           Officials of the European
Commission and of the Signatory ESA States shall act alternately for periods of
twelve months as Secretary of the EPA Committee. The Signatory ESA State may be
assisted by the COMESA Secretariat.

2.           The first period shall
begin on the date of the first meeting of the EPA Committee of the Agreement
and end on 31 December of the following year. The Secretariat of the EPA
Committee shall be held first by a representative of the European Commission.
The Signatory ESA States will assume the Secretariat on a rotating basis.

Article 7

Documents

Where the deliberations of the EPA Committee are based on written
supporting documents, such documents shall be numbered and circulated as
documents of the EPA Committee by the Secretary at least 14 days before the
beginning of the meeting.

Article 8

Correspondence

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

2.           The Secretary shall ensure
that correspondence addressed to the EPA Committee is forwarded to the
Co-chairs of the Committee and circulated, where appropriate as documents
referred to in Article 7 of these Rules of Procedure.

3.           Correspondence from the
Co-chairs of the EPA Committee shall be sent to the Parties by the Secretary
and circulated where appropriate as documents referred to in Article 7 of these
Rules of Procedure.

Article 9

Agenda for the meetings

1.           A provisional annotated
agenda for each meeting shall be drawn up by the Secretary of the EPA Committee
on the basis of proposals made by the Parties. It shall be forwarded by the
Secretary of the EPA Committee to Parties no later than three weeks before the
beginning of the meeting.

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

3.           The agenda shall be
adopted by the EPA Committee at the beginning of each meeting. An item other
than those appearing on the provisional agenda may be placed on the agenda if
the Parties so agree.

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

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

Article 10

Minutes

1.           Draft minutes of each
meeting shall be drawn up by the Secretary as soon as possible, normally within
a month of the meeting.

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

(a)     all documents submitted to the EPA
Committee,

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

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

3.           The minutes shall also
include a list of participants to the EPA Committee and a list of any observers
to the meeting.

4.           Approval of the minutes
shall be confirmed in writing within two months of the date of the meeting by
ESA signatory states and the EU. Once approved, the minutes shall be signed by
the Secretary. Each Signatory ESA State and the EU Party shall receive one
original of these authentic documents.

Article 11

Decisions and Recommendations

1.           The EPA Committee shall
adopt decisions and recommendations by consensus.

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

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

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

5.           Decisions adopted by the
EPA Committee shall be authenticated by a representative of the European
Commission on behalf of the EU Party, and by a by a representative of ESA
States.

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

Article 12

Publicity

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

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

Article 13

Languages

1.           The working languages of
the EPA Committee shall be the official languages common to the Parties,
English and French.

2.           The EPA Committee shall
base its deliberations and adopt decisions on documentation and proposals
prepared as far as possible in both languages referred to in paragraph 1.
Decisions and recommendations will be provided in both languages referred to in
paragraph 1.

Article 14

Expenses

1.           Each Party shall meet any
expenses it incurs as a result of participating in the meetings of the EPA
Committee, both with regard to staff, travel and subsistence expenditure and
with regard to postal and telecommunications expenditure.

2.           Expenditure in connection
with the organisation of meetings and reproduction of documents shall be borne
by the Party hosting the meeting.

3.           Expenditure in connection
with the provision of interpretation services at meetings and translation of
documents shall be borne by the Party hosting the meeting. Expenditure
associated with the provision of interpretation services and translation of
documents into or from other official languages of the European Union shall be
borne by the EU Party.

Article 15

Amendment
of Rules of Procedure

The Rules of Procedure may be amended
according to the provisions of paragraph 1 of Article 11.

ANNEX II

RULES OF PROCEDURE OF THE CUSTOMS
COOPERATION COMMITTEE

set
up by the Interim Agreement establishing a framework for an Economic
Partnership Agreement between the Eastern and Southern Africa States, on the
one part, and the European Community and its Member States, on the other part

Article 1

Scope
of application

The
Rules of Procedure in this Annex shall apply to the proceedings of any of the
meetings of the Customs Cooperation Committee.

Article 2

Role of the Customs Cooperation Committee

The Customs Cooperation Committee will be
established in accordance with Article 41 of the Protocol 1 of the Agreement.
It shall also deal with all matters delegated to them by the EPA Committee.

Article 3

Composition and Chair

1.           The Customs Cooperation Committee is composed,
on the one hand, of representatives of the EU Party and, on the other of
representatives of the Signatory ESA States[3].

2.           Reference to "the
Parties" in the Rules of Procedure is in accordance with the definition
provided for in Article 61 of the Agreement.

3.           The Customs Cooperation Committee shall be
co-chaired by a representative of the European Commission and by a
representative of the ESA States. The Signatory ESA
States will assume the chairmanship on a yearly rotating basis.

Article 4

Observers

1.           Representatives of the
Common Market for Eastern and Southern Africa (COMESA) and the representatives
of the Indian Ocean Commission (IOC) shall be invited to participate in the
Customs Cooperation Committee meetings as observers.

2.           The Secretary of the
Customs Cooperation Committee shall notify representatives of COMESA and the
IOC of any meeting of the Customs Cooperation Committee so that they may
participate as observers.

3.           The Parties may
collectively decide to invite additional observers on an ad hoc basis. Such
observers may participate at the meeting, upon invitation of one of the
Co-chairmen and approval of the Customs Cooperation Committee.

4.           The Customs Cooperation
Committee may determine that any part of meetings involving sensitive matters
may be closed to observers.

Article 5

Meetings

1.           Unless otherwise specified
in the Agreement, the Customs Cooperation Committee shall meet upon request of
either Party. If both Parties agree, the meetings of a Customs Cooperation
Committee may be held by a video or teleconference. In such case each Party
will bear its respective cost associated with holding the meeting by such
means, unless agreed otherwise.

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

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

Article 6

Delegations

Before
each meeting, the Co-chairs of the Customs Cooperation Committee shall be
informed of the intended composition of the delegations of the ESA States and
of the European Union.

Article 7

Secretariat

Officials of the European Commission and of the ESA States shall act
alternately for periods of twelve months as a Secretary of the Customs Cooperation
Committee. The Signatory ESA State may be assisted by
the COMESA Secretariat. These periods shall coincide
with the holding of the Secretariat of the EPA Committee by respectively the
European Union and the ESA States. The Signatory ESA States will assume the
Secretariat on a rotating basis.

Article 8

Documents

Where the
deliberations of the Customs Cooperation Committee are based on written
supporting documents, such documents shall be numbered and circulated as
documents of the Customs Cooperation Committee by the Secretary at least 14
days before the beginning of the meeting.

Article 9

Correspondence

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

2.           The Secretary shall ensure
that correspondence addressed to the Customs Cooperation Committee is forwarded
to the Co-chairs of the Committee and circulated, where appropriate as
documents referred to in Article 8 of these Rules of Procedure.

3.           Correspondence from the
Co-chairs of the Customs Cooperation Committee shall be sent to the Parties by
the Secretary and circulated where appropriate as documents referred to in
Article 8 of these Rules of Procedure.

Article 10

Agenda for the meetings

1.           A provisional annotated
agenda for each meeting shall be drawn up by the Secretary of the Customs
Cooperation Committee on the basis of proposals made by the Parties. It shall
be forwarded by the Secretary of the Customs Cooperation Committee to Parties
no later than three weeks before the beginning of the meeting.

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

3.           The agenda shall be
adopted by the Customs Cooperation Committee at the beginning of each meeting.
An item other than those appearing on the provisional agenda may be placed on
the agenda if the Parties so agree.

4.           The Co-chairs of the
Customs Cooperation Committee, in agreement with the Parties, may invite
experts to attend its meetings in order to provide information on specific
subjects.

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

Article 11

Minutes

1.           Draft minutes of each
meeting shall be drawn up by the Secretary as soon as possible, normally within
a month of the meeting.

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

(a)     all documents submitted to the Customs
Cooperation Committee,

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

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

3.           The minutes shall also
include a list of participants to the Customs Cooperation Committee and any
observers to the meeting.

4.           Approval of the minutes
shall be confirmed in writing within two months of the date of the meeting by
ESA signatory states and the EU. Once approved, the minutes shall be signed by
the Secretary. Each Signatory ESA State and the EU Party shall receive one
original of these authentic documents.

Article 12

Decisions and recommendations

1.           The Customs Cooperation Committee
shall adopt decisions and recommendations by consensus.

2.           In the period between
meetings, the Customs Cooperation Committee may adopt decisions and
recommendations by written procedure if both Parties so agree. A written
procedure shall consist of an exchange of notes between the Parties.

3.           Decisions or
recommendations of the Customs Cooperation Committee shall be entitled
"Decision" or "Recommendation" respectively, and followed
by a serial number, the date of their adoption and a description of their
subject. Each decision shall provide for the date of its entry into force.

4.           Decisions and
recommendations adopted by the Customs Cooperation Committee shall be
authenticated by a representative of the European Commission on behalf of the
EU Party, and by a representative of ESA States.

5.           Decisions and
recommendations shall be forwarded to the Parties and to the EPA Committee as
documents of the Customs Cooperation Committee.

Article 13

Publicity

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

2.           Each Party may decide on
the publication of the decisions and recommendations of the Customs Cooperation
Committee in its respective official publication.

Article 14

Languages

1.           The working languages of
the Customs Cooperation Committee shall be the official languages common to the
Parties, English and French.

2.           The Customs Cooperation
Committee shall base its deliberations and adopt decisions on documentation and
proposals prepared as far as possible in both languages referred to in
paragraph 1. Decisions and recommendations will be provided in both languages
referred to in paragraph 1.

Article 15

Expenses

1.           Each Party shall meet any
expenses it incurs as a result of participating in the meetings of the Customs
Cooperation Committee, both with regard to staff, travel and subsistence
expenditure and with regard to postal and telecommunications expenditure.

2.           Expenditure in connection
with the organisation of meetings and reproduction of documents shall be borne
by the Party hosting the meeting.

3.           Expenditure in connection
with the provision of interpretation services at meetings and translation of
documents shall be borne by the Party hosting the meeting. Expenditure
associated with the provision of interpretation services and translation of
documents into or from other official languages of the European Union shall be
borne by the EU Party.

Article 16

Reporting

The Customs Cooperation Committee shall be
reporting to the EPA Committee.

Article 17

Amendment
of Rules of Procedure

The Rules of Procedure may be amended by
the EPA Committee. The Customs Cooperation Committee may submit recommendations
to the EPA Committee proposing changes to the Rules of Procedure.

ANNEX III

RULES OF PROCEDURE OF THE JOINT DEVELOPMENT
COMMITTEE

set
up by the Interim Agreement establishing a framework for an Economic
Partnership Agreement between the Eastern and Southern Africa States, on the
one part, and the European Community and its Member States, on the other part

Article 1

Scope
of application

The
Rules of Procedure in this Annex shall apply to the proceedings of any of the
meetings of the Joint Development Committee.

Article 2

Role
of the Joint Development Committee

The Joint Development Committee is
established as a sub-committee of the EPA Committee. In accordance with Article
52 of the Interim Agreement, it shall discuss development cooperation issues
linked to the implementation of the Interim Agreement.

Article 3

Composition and Chair

1.           The Joint Development Committee is composed, on the
one hand, of representatives of the EU party and, on the other of
representatives of ESA States.

2.           Reference to "the
Parties" in the Rules of Procedure is in accordance with the definition
provided for in Article 61 of the Agreement.

3.           The Joint Development Committee shall be co-chaired by
a representative of the European Commission and by a representative of the ESA
States. The Signatory ESA States will assume the
chairmanship on a yearly rotating basis.

Article 4

Observers

1.           Representatives of the
Common Market for Eastern and Southern Africa (COMESA) and the representatives
of the Indian Ocean Commission (IOC) shall be invited to participate in the
Joint Development Committee meetings as observers.

2.           The Secretary of the Joint
Development Committee shall notify representatives of COMESA and the IOC of any
meeting of the Joint Development Committee so that they may participate as
observers.

3.           The Parties may
collectively decide to invite additional observers on an ad hoc basis. Such
observers may participate at the meeting, upon invitation of the Co-chairmen
and approval of the Joint Development Committee.

4.           The Joint Development
Committee may determine that any portion of meetings involving sensitive
matters may be closed to observers.

Article 5

Meetings

1.           Unless otherwise specified
in the Agreement, the Joint Development Committee shall meet upon request of
either Party. If both Parties agree, the meetings of the Joint Development
Committee may be held by a video or teleconference. In such case each Party
will bear its respective cost associated with holding the meeting by such
means, unless agreed otherwise.

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

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

Article 6

Delegations

Before
each meeting, the Co-chairs of the Joint Development Committee shall be
informed of the intended composition of the delegations of the ESA States and
of the European Union.

Article 7

Secretariat

Officials of the European Commission and of the ESA States shall act
alternately for periods of twelve months as Secretary of the Joint Development
Committee. The Signatory ESA State may be assisted by
the COMESA Secretariat. These periods shall coincide
with the holding of the Secretariat of the EPA Committee by respectively the
European Union and the ESA States. The Signatory ESA States will assume the
Secretariat on a rotating basis.

Article 8

Documents

Where the
deliberations of the Joint Development Committee are based on written
supporting documents, such documents shall be numbered and circulated as
documents of the Joint Development Committee by the Secretary at least 14 days
before the beginning of the meeting.

Article 9

Correspondence

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

2.           The Secretary shall ensure
that correspondence addressed to the Joint Development Committee is forwarded to the Co-chairs of the Committee and
circulated, where appropriate as documents referred to in Article 8 of these
Rules of Procedure.

3.           Correspondence from the
Co-chairs of the Joint Development Committee shall be sent to the Parties by
the Secretary and circulated where appropriate as documents referred to in
Article 8 of these Rules of Procedure.

Article 10

Agenda for the meetings

1.           A provisional agenda for
each meeting shall be drawn up by the Secretary of the Joint Development Committee on the basis of
proposals made by the Parties. It shall be forwarded by the Secretary of the
Joint Development Committee to
Parties no later than three weeks before the beginning of the meeting.

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

3.           The agenda shall be
adopted by the Joint Development Committee at the beginning of each meeting. An item other than
those appearing on the provisional agenda may be placed on the agenda if the
Parties so agree.

4.           The Co-chair of the Joint Development Committee, in agreement with the
Parties, may invite experts to attend its meetings in order to provide
information on specific subjects.

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

Article 11

Minutes

1.           Draft minutes of each
meeting shall be drawn up by the Secretary as soon as possible, normally within
a month of the meeting.

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

(a)     all documents submitted to the Joint Development Committee,

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

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

3.           The minutes shall also
include a list of participants to the Joint Development Committee and a list of any observers to the meeting.

4.           Approval of the minutes
shall be confirmed in writing within two months of the date of the meeting by
ESA signatory states and the EU. Once approved, the minutes shall be signed by
the Secretary. Each Signatory ESA State and the EU Party shall receive one
original of these authentic documents.

Article 12

Recommendations

1.           The Joint Development Committee shall adopt
recommendations by consensus.

2.           In the period between
meetings, the Joint Development
Committee may adopt recommendations by written procedure if both Parties so
agree. A written procedure shall consist of an exchange of notes between the
Parties.

3.           Recommendations of the
Joint Development Committee
shall be entitled "Recommendation" and followed by a serial number,
the date of their adoption and a description of their subject.

4.           Recommendations adopted by
the Joint Development Committee
shall be authenticated by a representative of the European Commission on behalf
of the EU Party, and by a representative of ESA States.

5.           Recommendations shall be
forwarded to the Parties as documents of the Joint Development
Committee and shall be submitted to the EPA Committee
for consideration.

Article 13

Publicity

Unless otherwise decided, meetings of the
Joint Development Committee
shall not be public.

Article 14

Languages

1.           The working languages of
the Joint Development Committee
shall be the official languages common to the Parties, English and French.

2.           The Joint Development Committee shall base its
deliberations and make recommendations on documentation and proposals prepared
as far as possible in both languages referred to in paragraph 1.
Recommendations will be provided in both languages referred to in paragraph 1.

Article 15

Expenses

1.           Each Party shall meet any
expenses it incurs as a result of participating in the meetings of the Joint Development Committee, both with regard to
staff, travel and subsistence expenditure and with regard to postal and
telecommunications expenditure.

2.           Expenditure in connection
with the organisation of meetings and reproduction of documents shall be borne
by the Party hosting the meeting.

3.           Expenditure in connection
with the provision of interpretation services at meetings and translation of
documents shall be borne by the Party hosting the meeting. Expenditure
associated with the provision of interpretation services and translation of
documents into or from other official languages of the European Union shall be
borne by the EU Party.

Article 16

Reporting

The Joint Development Committee s shall be reporting to the EPA Committee.

Article 17

Amendment
of Rules of Procedure

The Rules of Procedure may be amended by
the EPA Committee. The Joint Development Committee may submit recommendations
to the EPA Committee proposing changes to the Rules of Procedure.

SIMPLIFIED FINANCIAL STATEMENT

(to
be used for any internal Commission decision of general significance with a
budgetary impact on appropriations of an administrative nature or on human
resources, when use of any other type of financial statement is not appropriate
– Article 23 of the Internal Rules)

1.         Title of draft decision:

Council Decision on a
European Union Position concerning the Rules of Procedure of the EPA Committee,
the Customs Cooperation Committee and the Joint Development Committee provided
for by the Interim Agreement establishing a framework for an Economic
Partnership Agreement between the Eastern and Southern Africa States, on the
one part, and the European Community and its Member States, on the other part

2.         Policy area(s) and ABB activity(ies) concerned:

20 - Trade Policy

3.         Legal basis:

x Administrative autonomy         ̈ Other
(specify):____________________

4.         Description and grounds:

The decision relates to meetings and functioning of institutions to
be established under the Interim EPA. Meetings of the institutions are set up
with a view to follow up on implementation of the Agreement.

5.         Duration
and estimated financial impact:

5.1.      Period of application:

 ̈      Decision with a limited duration: decision in force from
[date] to [date]

x        Decision with an indefinite duration:
in force from [date of adoption of this decision]

5.2.      Estimated
budgetary impact:

The draft decision entails:

 ̈      savings

x        additional costs (if so, specify the
heading(s) of the multiannual financial framework concerned): Heading 5 –
administrative expenditure

5.3.      Third-party contributions to the financing of the draft
decision:

If the proposal provides for co-financing by Member States or other
bodies (please specify which), you should give an estimate of the level of
co-financing, if known.

appropriations
in EUR million (to 3 decimal places)

|| Year n || Year n+1 || Year n+2 || Year n+3 || Year n+4 || Year n+5 || Year n+6 || Total

Specify cofinancing source/body || || || || || || || ||

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

5.4.      Explanation of figures:

Average staff costs are shown at the foot of page http://www.cc.cec/budg/pre/legalbasis/pre-040-020_preparation_en.html

6.         Compatibility
with the current multiannual financial framework:

x        The proposal is compatible with
existing financial programming.

 ̈      The proposal will entail reprogramming of the relevant heading
in the multiannual financial framework.

 ̈      The proposal requires use of the flexibility instrument or
revision of the multiannual financial framework[4].

7.         Impact
of savings or additional costs on the allocation of resources:

 ̈      Resources to be obtained by means of internal redeployment
within departments

x        Resources already allocated to the
department(s) concerned

 ̈      Resources to be requested during the next allocation procedure

The human and administrative resources required will be covered by
the allocation which may be granted to the managing DG under the annual
allocation procedure in the light of existing budgetary constraints.

ANNEX:

ESTIMATED FINANCIAL IMPACT (savings or additional costs) FOR
APPROPRIATIONS OF AN ADMINISTRATIVE NATURE OR FOR HUMAN RESOURCES

FTE=Full-time
equivalent

XX
is the policy area or title concerned

EUR million (to three decimal places)

FTE in persons/year || Year || Year || Year || Year || Year || Year || Year || TOTAL /Annual cost

n || n+1 || n+2 || n+3 || n+4 || n+5 || n+6

Heading 5 || FTE || approp. || FTE || approp. || FTE || approp. || FTE || approp. || FTE || approp. || FTE || approp. || FTE || approp. || FTE || approp.

Establishment plan posts (officials and/or temporary staff)

XX 01 01 01 (Headquarters and Commission’s Representation Offices) ||  0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.21

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

External staff ||

XX 01 02 01 (‘global envelope’) || || || || || || || || || || || || || || || ||

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

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

Subtotal – Heading 5 ||  0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.21

Outside Heading 5 ||

Establishment plan posts (officials and/or temporary staff)

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

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

External staff

XX 01 04 yy || || || || || || || || || || || || || || || ||

- Headquarters || || || || || || || || || || || || || || || ||

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

XX 01 05 02 (Indirect research) || || || || || || || || || || || || || || || ||

10 01 05 02 (Direct research) || || || || || || || || || || || || || || || ||

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

Subtotal – Outside Heading 5 || || || || || || || || || || || || || || || ||

TOTAL ||  0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.03 || 0.2 || 0.21

The human and administrative resources required will be covered by
the allocation which may be granted to the managing DG under the annual
allocation procedure in the light of existing budgetary constraints.

Other administrative appropriations

XX is the policy area or title concerned

EUR
million (to three decimal places)

|| Year || Year || Year || Year || Year || Year || Year || TOTAL

n || n+1 || n+2 || n+3 || n+4 || n+5 || n+6

Heading 5 || || || || || || || ||

Headquarters: || || || || || || || ||

XX 01 02 11 01 - Mission and representation expenses || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.07

XX 01 02 11 02 – Conference and meeting costs || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.07

XX 01 02 11 03 – Committees || || || || || || || ||

XX 01 02 11 04 - Studies and consultations || || || || || || || ||

XX 01 03 01 03 - Equipment and furniture ||   || || || || || || ||

XX 01 03 01 04 - Services and other operating expenditure || || || || || || || ||

Other budget lines (specify where appropriate) – Translation services || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.01 || 0.07

Delegations: || || || || || || || ||

XX 01 02 12 01 – Missions, conferences and representation expenses || || || || || || || ||

XX 01 02 12 02 - Further training of staff || || || || || || || ||

XX 01 03 02 01 – Acquisition, renting and related expenditure || || || || || || || ||

XX 01 03 02 02 Equipment, furniture, supplies and services || || || || || || || ||

Subtotal – Heading 5 || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.21

Outside Heading 5 || || || || || || || ||

XX 01 04 yy - Expenditure on technical and administrative assistance (not including external staff) from operational appropriations (former "BA" lines) || || || || || || || ||

- Headquarters || || || || || || || ||

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

XX 01 05 03 - Other management expenditure for indirect research || || || || || || || ||

10 01 05 03 - Other management expenditure for direct research || || || || || || || ||

Other budget lines (specify where appropriate) || || || || || || || ||

Subtotal – Outside Heading 5 || || || || || || || ||

GRAND TOTAL || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.03 || 0.21

The human and administrative resources required will be covered by
the allocation which may be granted to the managing DG under the annual
allocation procedure in the light of existing budgetary constraints.

[1]               OJ L 111, 24.4.2012, p. 1.

[2]               Madagascar, Mauritius, Seychelles and Zimbabwe.

[3]               Madagascar, Mauritius, Seychelles and Zimbabwe.

[4]               See points 19 and 24 of the Interinstitutional
Agreement.