DECISION No 1/1999 OF THE EU/ICELAND AND NORWAY MIXED COMMITTEE ESTABLISHED BY THE AGREEMENT CONCLUDED BY THE COUNCIL OF THE EUROPEAN UNION AND THE REPUBLIC OF ICELAND AND THE KINGDOM OF NORWAY CONCERNING THE LATTERS' ASSOCIATION IN THE IMPLEMENTATION, APPLICATION AND DEVELOPMENT OF THE SCHENGEN ACQUIS

of 29 June 1999

adopting its Rules of Procedure

(1999/C 211/02)

THE MIXED COMMITTEE,

Having regard to the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association in the implementation, application and development of the Schengen acquis (hereinafter "the Agreement"), and in particular Article 3(2) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

The Mixed Committee shall be composed of representatives of the Governments of the Republic of Iceland (hereinafter "Iceland") and the Kingdom of Norway (herinafter "Norway"), the members of the Council of the European Union (hereinafter "the Council") and the Commission of the European Communities (hereinafter "the Commission").

The Committee shall be chaired:

- at the level of experts:

by the delegation representing the member of the Council holding the Presidency,

- at the level of senior officials and Ministers:

in the first six months of the year: by the delegation representing the member of the Council holding the Presidency;

in the second six months of the year: alternately, by the delegation representing the Government of Iceland and by the delegation representing the Government of Norway.

The delegation representing the member of the Council holding the Presidency may cede the chair of the Mixed Committee to the delegation which will hold the next Council Presidency.

Article 2

The Mixed Committee shall meet at the seat of the Council in Brussels.

When the Council meets in a different place pursuant to its Rules of Procedure, the Mixed Committee shall also meet at ministerial level there.

In exceptional circumstances and for duly substantiated reasons, the Mixed Committee may decide unanimously to hold a meeting elsewhere.

Article 3

Meetings of the Mixed Committee shall not be public, unless the Mixed Committee unanimously decides otherwise.

Article 4

The Mixed Committee shall meet, at any appropriate level, when convened by its Chairman on his own initiative or at the request of one of its members.

Meetings of the Mixed Committee at ministerial level shall normally be convened for the day of a Council meeting dealing with issues in the area covered by Article 1 of the Agreement.

Article 5

The Mixed Committee at ministerial level shall be composed of representatives of Iceland and Norway and the members of the Council at ministerial level, authorised to commit the governments of their States, and a member of the Commission.

The presence of at least eleven members of the Mixed Committee at ministerial level, including the delegations of Iceland, Norway and the Commission, is required to enable the Mixed Committee to take decisions.

Meetings of the Mixed Committee at ministerial level shall be prepared by the Mixed Committee at senior official level. All items on the provisonal agenda for a meeting of the Mixed Committee at ministerial level shall be examined in advance by the Mixed Committee at senior official level, which shall endeavour to reach agreement at its level. If necessary, such items are to be submitted to the Mixed Committee at ministerial level.

Article 6

The Chairman shall draw up the provisional agenda for each meeting. The provisional agenda shall contain the item in respect of which a meeting has been requested in accordance with Article 4. The invitation to the meeting and the provisional agenda shall be forwarded to the addressees mentioned in Article 9 in due time before the meeting. The agenda shall be accompanied by all the necessary working documents.

Without prejudice to the rights of Iceland and Norway laid down in Article 4 of the Agreement, the agenda shall be adopted unanimously by the Mixed Committee at the beginning of each meeting and the Mixed Committee may decide unanimously to include in the agenda an item which does not appear on the provisional agenda. The delegations representing the United Kingdom and Ireland may not oppose the unanimity which is required to place on the agenda an item relating to the area covered by Article 1 of the Agreement, in which those States do not participate.

Article 7

The working documents for the Mixed Committee shall be drawn up in the languages of the Council, unless the Mixed Committee unanimously decides otherwise.

Article 8

Minutes of each meeting of the Mixed Committee at ministerial level shall be drawn up by the General Secretariat of the Council, under the responsibility of the Chairman, and forwarded to the delegations.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

- the documents submitted to the Mixed Committee,

- the conclusions and decisions reached by the Mixed Committee,

- the statements whose entry is requested by a delegation.

Any delegation may request that more details be inserted in the minutes regarding any item on the agenda.

The minutes shall be adopted unanimously by the Mixed Committee. The Mixed Committee may use a written procedure.

Article 9

Notifications made by the President in accordance with these Rules of Procedure shall be addressed to the missions of Iceland and Norway to the European Union, to the representations of the Member States of the European Union and to the Commission.

Correspondence to the Mixed Committee shall be sent to its President, at the address of the General Secretariat of the Council (Council of the European Union, Rue de la Loi/Wetstraat 175, B-1048 Brussels).

Article 10

The detailed arrangements for handling requests by the public to the Mixed Committee for access to its documents shall be identical to those which the Council has adopted in respect of its own documents.

Article 11

The secretariat of the Mixed Committee shall be provided by the General Secretariat of the Council.

Article 12

The deliberations of the Mixed Committee shall be confidential, unless the Mixed Committee decides otherwise.

The rules of the Council on measures for the protection of classified information applicable to the General Secretariat of the Council shall also apply to the protection of classified information to be used by the Mixed Committee.

Article 13

Where the Mixed Committee has been notified on the basis of the provisions of Article 8(4) of the Agreement, any decision by the Mixed Committee to continue the Agreement shall require unanimity.

Where the termination of the Agreement results from non-acceptance of an act or a measure which does not apply to Ireland and/or the United Kingdom, their representatives may not oppose unanimity.

Article 14

Where the Mixed Committee has been notified of a dispute in accordance with the provisions of Article 11 of the Agreement, the dispute shall be placed on the provisional agenda for the Mixed Committee at ministerial level.

Decisions by the Mixed Committee on settlement of disputes shall be taken unanimously.

Where the settlement of a dispute relates to the interpretation or application of a provision which does not apply to Ireland and/or the United Kingdom, their representatives may not oppose unanimity.

Article 15

Decisions of the Mixed Committee relating to procedural questions, except for those for which these Rules of Procedure require unanimity, shall be taken by a majority of its delegations.

Amendments to these Rules of Procedure shall be adopted unanimously by the Mixed Committee at ministerial level.

Article 16

This Decision shall take effect on the date of its adoption.

Article 17

This Decision shall be published in the Official Journal of the European Communities. Iceland and Norway shall be responsible for its official publication in their respective countries.

Done at Brussels, 29 June 1999.

For the Mixed Committee

The Chairman

O. SCHILY

1. Joint statement by all members of the Mixed Committee in respect of Article 4 of the Rules of Procedure:

"If the Council of the European Union intends to take a decision referred to in Article 8(1) of the Agreement relating to the adoption of new binding acts or measures which will deviate in substance from a common view of the Mixed Committee relating to the same acts or measures, the Mixed Committee shall, as a general rule, be convened prior to such decision in order to discuss, in accordance with Article 4 of the Agreement the foreseen changes."

2. Joint statement by all members of the Mixed Committee in respect of Article 6(2) of the Rules of Procedure:

"It is the common understanding of the members of the Mixed Committee that no objection will be raised concerning the adoption of the agenda in respect of items which fall within the scope of the Agreement."