# Council Decision (EU) 2015/1900Show full title

Council Decision (EU) 2015/1900 of 5 October 2015 establishing the position to be taken on behalf of the European Union within            the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European            Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning a Decision            of the Stabilisation and Association Council adopting its rules of procedure         

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U.K.

# Council Decision (EU) 2015/1900                     

# of 5 October 2015

# establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established                        by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part,                        and Bosnia and Herzegovina, of the other part, concerning a Decision of the Stabilisation and Association Council adopting                        its rules of procedure                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article                           218(9) thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)Article 115 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the                              one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), establishes a Stabilisation and Association Council.

(2)Article 116 of the Agreement provides that the Stabilisation and Association Council is to adopt its own rules of procedure.

(3)Article 118 of the Agreement provides that the Stabilisation and Association Council is to be assisted by a Stabilisation                              and Association Committee (‘the Committee’).

(4)Article 118 of the Agreement also provides that the Stabilisation and Association Council is to, in its rules of procedure,                              determine the duties of the Committee and that the Stabilisation and Association Council may delegate any of its powers to                              the Committee.

(5)Article 120 of the Agreement provides that the Stabilisation and Association Council may decide to set up other special committees                              or bodies that can assist it in carrying out its duties. It further provides that the Stabilisation and Association Council                              is to, in its rules of procedure, determine the composition and the duties of such committees and bodies and how they are                              to function,

HAS ADOPTED THIS DECISION:

# Sole ArticleU.K.

The position to be adopted on behalf of the European Union, within the Stabilisation and Association Council established by                     Article 115 of the Agreement in relation to a Decision of this Stabilisation and Association Council adopting its rules of                     procedure, shall be based on the draft Decision of the Stabilisation and Association Council, attached to this Decision.                  

Minor amendments to this draft Decision may be accepted without further decision by the Council.

U.K.

# DECISION No 1 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL

# of [*date*]                           

# adopting its rules of procedure

## Article 1U.K.Chairmanship

The Parties shall hold the chairmanship of the Stabilisation and Association Council alternately for a period of 12 months.                           The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December                           of the same year.                        

## Article 2U.K.Meetings

The Stabilisation and Association Council shall meet at ministerial level once a year. Special sessions of the Stabilisation                           and Association Council may be held at the request of either Party, if the Parties so agree. Unless otherwise agreed by the                           Parties, each session of the Stabilisation and Association Council shall be held at the usual venue for meetings of the Council                           of the European Union at a date agreed by both Parties. Meetings of the Stabilisation and Association Council shall be jointly                           convened by the Secretaries of the Stabilisation and Association Council in agreement with the Chair.                        

## Article 3U.K.Representation

The members of the Stabilisation and Association Council may be represented if unable to attend. If a member wishes to be                           so represented, he must notify the Chair of the name of his representative before the meeting at which he is to be so represented.                           The representative of a member of the Stabilisation and Association Council shall exercise all the rights of that member.                        

## Article 4U.K.Delegations

The members of the Stabilisation and Association Council may be accompanied by officials. Before each meeting, the Chair shall                           be informed of the intended composition of the delegation of each Party. A representative of the European Investment Bank                           shall attend the meetings of the Stabilisation and Association Council, as an observer, when matters which concern the Bank                           appear on the agenda. The Stabilisation and Association Council may invite non-members to attend its meetings in order to                           provide information on particular subjects.                        

## Article 5U.K.Secretariat

An official of the General Secretariat of the Council of the European Union and an official of the Mission of Bosnia and Herzegovina                           to the European Union shall act jointly as Secretaries of the Stabilisation and Association Council.                        

## Article 6U.K.Correspondence

Correspondence addressed to the Stabilisation and Association Council shall be sent to the Chair of the Stabilisation and                           Association Council at the address of the General Secretariat of the Council of the European Union.                        

The two Secretaries shall ensure that correspondence is forwarded to the Chair of the Stabilisation and Association Council                           and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspondence circulated                           shall be sent to the Secretariat-General of the Commission, the European External Action Service, the Permanent Representations                           of the Member States and the Mission of Bosnia and Herzegovina to the European Union.                        

Communications from the Chair of the Stabilisation and Association Council shall be sent to the addressees by the two Secretaries                           and circulated, where appropriate, to the other members of the Stabilisation and Association Council referred to in the second                           paragraph.                        

## Article 7U.K.Publicity

Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not be public.

## Article 8U.K.Agendas for meetings

1.The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Stabilisation                              and Association Council to the addressees referred to in Article 6 not later than 15 days before the beginning of the meeting.                              The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda                              not later than 21 days before the beginning of the meeting, although items shall not be written into the provisional agenda                              unless the supporting documentation has been forwarded to the Secretaries not later than the date of despatch of the agenda.                              The agenda shall be adopted by the Stabilisation and Association Council at the beginning of each meeting. An item other than                              those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.                        

2.The Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account                              of the requirements of a particular case.                        

## Article 9U.K.Minutes

Draft minutes of each meeting shall be drawn up by the two Secretaries. The minutes shall, as a general rule, indicate in                           respect of each item on the agenda:                        
              -  the documentation submitted to the Stabilisation and Association Council, 
              -  statements requested for entry by a member of the Stabilisation and Association Council, 
              -  the decisions taken and recommendations made, the statements agreed upon and the conclusions adopted. 

The draft minutes shall be submitted to the Stabilisation and Association Council for approval. When approved, the minutes                           shall be signed by the Chair and the two Secretaries. The minutes shall be filed in the archives of the General Secretariat                           of the Council of the European Union, which will act as depository of the documents of the Association. A certified copy shall                           be forwarded to each of the addressees referred to in Article 6.                        

## Article 10U.K.Decisions and recommendations

1.The Stabilisation and Association Council shall take its decisions and make recommendations by common agreement of the Parties.                              The Stabilisation and Association Council may take decisions or make recommendations by written procedure if both Parties                              so agree.                        

2.The decisions and recommendations of the Stabilisation and Association Council, within the meaning of Article 117 of the Agreement,                              shall be entitled respectively ‘Decision’ and ‘Recommendation’ followed by a serial number, by the date of their adoption                              and by a description of their subject matter. The decisions and recommendations of the Stabilisation and Association Council                              shall be signed by the Chair and authenticated by the two Secretaries. Decisions and recommendations shall be forwarded to                              each of the addressees referred to in Article 6. Each Party may decide on the publication of decisions and recommendations                              of the Stabilisation and Association Council in its respective official publication.                        

## Article 11U.K.Languages

The official languages of the Stabilisation and Association Council shall be the official languages of the two Parties. Unless                           otherwise decided, the Stabilisation and Association Council shall base its deliberations on documentation drawn up in these                           languages.                        

## Article 12U.K.Expenses

The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participation in                           the meetings of the Stabilisation and Association Council, both with regard to staff, travel and subsistence expenditure and                           to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction                           of documents as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the                           meetings.                        

## Article 13U.K.Stabilisation and Association Committee

1.A Stabilisation and Association Committee (‘the Committee’) is hereby established in order to assist the Stabilisation and                              Association Council in carrying out its duties. It shall be composed of representatives of the Council of the European Union                              and of representatives of the European Commission, on the one hand, and of representatives of the Council of Ministers of                              Bosnia and Herzegovina on the other, normally at senior civil servant level.                        

2.The Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council, implement the                              decisions of the Stabilisation and Association Council where appropriate and, in general, ensure continuity of the association                              relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Stabilisation                              and Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the                              Agreement. It shall submit proposals or any draft decisions or recommendations for adoption to the Stabilisation and Association                              Council.                        

3.In cases where the Agreement refers to an obligation to consult or a possibility of consultation, such consultation may take                              place within the Committee. The consultation may continue in the Stabilisation and Association Council if the two Parties                              so agree.                        

4.The rules of procedure of the Committee are annexed to this Decision.                        

U.K.

# ANNEX to DECISION No 1 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL

# of [*date*]                                 

## **Rules of Procedure of the Stabilisation and Association Committee**U.K.

### Article 1U.K.Chairmanship

The Parties shall hold the chairmanship of the Committee alternately for a period of 12 months. The first period shall begin                                 on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.                              

### Article 2U.K.Meetings

The Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the Committee shall                                 be held at a time and place agreed by both Parties. Meetings of the Committee shall be convened by the Chair.                              

### Article 3U.K.Delegations

Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party.

### Article 4U.K.Secretariat

An official of the European Commission and an official of Bosnia and Herzegovina shall act jointly as Secretaries of the Committee.                                 All communications to and from the Chair of the Committee provided for in this Decision shall be forwarded to the Secretaries                                 of the Committee and to the Secretaries and the Chair of the Stabilisation and Association Council.                              

### Article 5U.K.Publicity

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

### Article 6U.K.Agendas for meetings

1.The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Committee to                                    the addressees referred to in Article 4 not later than 30 working days before the beginning of the meeting. The provisional                                    agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda not later                                    than 35 working days before the beginning of the meeting, although items shall not be written into the provisional agenda                                    unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda.                                    The Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall                                    be adopted by the 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 two Parties so agree.                              

2.The Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account                                    of the requirements of a particular case.                              

### Article 7U.K.Minutes

Minutes shall be taken for each meeting and shall be based on a summing up by the Chair of the conclusions arrived at by the                                 Committee. When approved by the Committee, the minutes shall be signed by the Chair and by the Secretaries and filed by each                                 of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4.                              

### Article 8U.K.Decisions and recommendations

In the specific cases where the Committee is empowered by the Stabilisation and Association Council under Article 118 of the                                 Agreement to take decisions or make recommendations, these acts shall be entitled respectively ‘Decision’ and ‘Recommendation’,                                 followed by a serial number, the date of their adoption and a description of their subject matter. Decisions and recommendations                                 shall be made by common agreement between the Parties. The Committee may take decisions or make recommendations by written                                 procedure if both Parties so agree. The decisions and recommendations of the Committee shall be signed by the Chair and authenticated                                 by the two Secretaries and shall be forwarded to the addressees referred to in Article 4. Each Party may decide on the publication                                 of the decisions and recommendations of the Committee in its respective official publication.                              

### Article 9U.K.Expenses

The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participation in                                 the meetings of the Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications                                 expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents as well as                                 other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.                              

### Article 10U.K.Subcommittees and special groups

The Committee may create subcommittees or special groups to work under its authority. They shall report to the Committee after                                 each of their meetings. The Committee may decide to abolish any existing subcommittees or groups, lay down or modify their                                 terms of reference or set up further subcommittees or groups to assist it in carrying out its duties. Those subcommittees                                 and groups shall not have any decision-making powers.                              

U.K.

# ANNEX

# **for the information of the council only**

U.K.

DRAFT

# DECISION No 1/2015 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COMMITTEE

# of [...] 2015

# creating subcommittees and special groups

# Sole ArticleU.K.

The subcommittees and special groups listed in Annex I are hereby created. Their terms of reference are set out in Annex II.

U.K.

# ANNEX I

## **EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION AGREEMENT**U.K.

### **Multidisciplinary Subcommittee Structure**U.K.

### **Structure of the Special groups**U.K.

U.K.

# ANNEX II

## **TERMS OF REFERENCE OF THE EU — BOSNIA AND HERZEGOVINA SUBCOMMITTEES AND SPECIAL GROUPS**U.K.

### Composition and ChairmanshipU.K.

The subcommittees and the special group on public administration reform (PAR) shall be composed of representatives of the                                       European Commission and representatives of the government of Bosnia and Herzegovina. They shall be chaired alternately by                                       the two parties. The Member States will be informed and invited to the meetings of the subcommittees and the special group                                       on PAR.                                    

### SecretariatU.K.

An official of the European Commission and an official of the government of Bosnia and Herzegovina shall act jointly as secretaries                                       of each of the subcommittees and of the special group on PAR.                                    

All communications concerning the subcommittees shall be forwarded to the secretaries of the relevant subcommittee and of                                       the special group on PAR.                                    

### MeetingsU.K.

The subcommittees and the special group on PAR shall meet whenever circumstances require, with the agreement of both Parties.                                       Each meeting of a subcommittee or the special group on PAR shall be held at a time and place agreed by both Parties.                                    

If both Parties agree, the subcommittees and the special group on PAR may invite experts to their meetings to provide the                                       specific information requested.                                    

### Agenda and supporting documentationU.K.

The Chair and the secretaries shall draw up a provisional agenda for each meeting not later than 30 working days before the                                       beginning of the meeting.                                    

The provisional agenda shall include items in respect of which a request for inclusion has been received by the secretaries                                       not later than 35 working days before the beginning of the meeting.                                    

Following the agreement of the provisional agenda for each meeting and not later than 10 working days before the beginning                                       of the meeting the secretary from Bosnia and Herzegovina shall submit to the secretary from the European Commission the necessary                                       written documentation following the items agreed in the provisional agenda.                                    

[X1In case the deadline mentioned in the third paragraph is not respected, the meeting shall be automatically cancelled without                                          further notice.]                                     

### Subject mattersU.K.

The subcommittees shall discuss issues related to the areas of the Agreement as listed in the multidisciplinary subcommittee                                       structure. Progress regarding the approximation, implementation and enforcement of legislation shall be assessed under all                                       subject matters. The subcommittees shall examine any problems that may arise in their relevant sectors and shall suggest possible                                       steps to be taken.                                    

The subcommittees shall also serve as fora for the further clarification of the *acquis* and shall review progress made by Bosnia and Herzegovina in conforming to the *acquis* in line with commitments taken under the Agreement.                                    

The special group on PAR shall discuss issues related to public administration reform and suggest possible steps to be taken.

### MinutesU.K.

Minutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the secretary of the                                       subcommittee or the special group on PAR to the Secretary of the Committee.                                    

### PublicityU.K.

Unless otherwise decided, the meetings of the subcommittees and of special groups on PAR shall not be public.

Editorial Information

X1Substituted by Corrigendum to Council Decision (EU) 2015/1900 of 5 October 2015 establishing the position to be taken on behalf of the European                                                   Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between                                                   the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning                                                   a Decision of the Stabilisation and Association Council adopting its rules of procedure (Official Journal of the European                                                   Union L 277 of 22 October 2015).

Editorial Information

X1Substituted by Corrigendum to Council Decision (EU) 2015/1900 of 5 October 2015 establishing the position to be taken on behalf of the European                                             Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between                                             the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning                                             a Decision of the Stabilisation and Association Council adopting its rules of procedure (Official Journal of the European                                             Union L 277 of 22 October 2015).

Editorial Information

X1Substituted by Corrigendum to Council Decision (EU) 2015/1900 of 5 October 2015 establishing the position to be taken on behalf of the European                                       Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between                                       the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning                                       a Decision of the Stabilisation and Association Council adopting its rules of procedure (Official Journal of the European                                       Union L 277 of 22 October 2015).