COUNCIL DECISION

of 23 June 2014

on the position to be adopted by the European Union within the Association Council set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of decisions in the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee, on the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, on the List of Panellists and on the List of Trade and Sustainable Development Experts

(2014/394/EU)

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:

On 23 April 2007, the Council authorised the Commission to negotiate an Association Agreement on behalf of the European Union and its Member States with Central America. The negotiating directives were amended on 10 March 2010 to include Panama in the negotiation process.

The negotiations were concluded at the EU-Latin American and Caribbean Summit in Madrid in May 2010.

The Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part (1) (‘the Agreement’) was initialled on 22 March 2011 and signed on 29 June 2012.

Pursuant to Article 353(4) of the Agreement, the Agreement has been provisionally applied since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica and since 1 December 2013 with Guatemala.

Article 4 of the Agreement establishes an Association Council, which is to oversee the fulfilment of the objectives of the Agreement and supervise its implementation.

Article 6 of the Agreement stipulates that the Association Council is to have the power to take decisions in the cases provided for in this Agreement in order to attain the objectives of this Agreement.

Article 5(2) of the Agreement stipulates that the Association Council is to adopt its own Rules of Procedure.

Article 7(3) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Association Committee.

Article 8(6) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Subcommittees.

Article 297(2) stipulates that the Association Council is to endorse a list of seventeen experts with expertise in environmental law, international trade or the resolution of disputes arising under international agreements and a list of seventeen experts with expertise in labour law, international trade or the resolution of disputes arising under international agreements.

Article 325(1) stipulates that the Association Council is to establish a list of thirty six individuals who are willing and able to serve as panellists in the meaning of Title X of the Agreement on Dispute Settlement.

Article 328(1) stipulates that the Association Council is to adopt rules of procedure as well as a code of conduct, governing Dispute Settlement under Title X of the Agreement.

The Union should determine the position to be adopted as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X of the Agreement and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted by the European Union within the Association Council, set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts shall be based on the draft decisions of the Association Council annexed to this Decision.

Minor technical corrections to the draft Association Council decisions may be agreed to by the representatives of the Union in the Association Council without further decision of the Council.

Article 2

After their adoption, the decisions of the Association Council shall be published in the Official Journal of the European Union.

Article 3

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

(1) OJ L 346, 15.12.2012, p. 3.

DRAFT

DECISION No 1/2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL

of … 2014

adopting its Rules of Procedure and those of the Association Committee

THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other, (‘the Agreement’) and in particular Article 4, 5(2), 7(3) and 8(6), thereof,

Whereas:

(1) Pursuant to Article 353(4), Part IV of the Agreement concerning trade matters has been applied since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica and since 1 December 2013 with Guatemala.

(2) In order to contribute to the effective implementation of the Agreement, its institutional framework should be established as soon as possible.

(3) Save as otherwise specified in the Agreement, it is for the Association Council to supervise the implementation of the Agreement and to establish its own rules of procedure as well as those of the Association Committee and Sub Committees,

HAS ADOPTED THIS DECISION:

Sole Article

The Rules of Procedure of the Association Council and those of the Association Committee and the Sub-Committees, as set out in Annexes A and B respectively, are hereby adopted.

This decision shall enter into force on the date of its adoption,

Done at …, 2014. For the Association Council For the Republics of the CA Party For the EU Party

ANNEX A Rules of Procedure of the Association Council Article 1 General provisions 1. The Association Council that is established in accordance with Article 4(1) of the Agreement establishing an Association between the European Union and its Member States, of the one hand, and Central America, of the other (‘Agreement’) shall perform its duties as provided for in Article 4(2) of the Agreement and take responsibility for general implementation of the Agreement, as well as any other bilateral, multilateral or international question of common interest. 2. As provided for in Articles 5 and 345 of the Agreement, the Association Council shall be composed of representatives of the EU Party and representatives of each of the Republics of the CA Party, at ministerial level as appropriate and taking into consideration the specific issues to be addressed at any given session. Where appropriate and agreed by both parties, the Association Council shall meet at Head of State or Government level. 3. Pursuant to Article 345 of the Agreement, when the Association Council performs exclusively or principally the tasks conferred upon it in Part IV of the Agreement, it shall be composed of representatives of the EU Party and the Ministers of each of the Republics of the CA Party with responsibility for trade-related matters. 4. As provided for in Article 352(3) of the Agreement, the Republics of the CA Party shall act collectively in the decision making within the institutional framework of the Agreement; the adoption of decisions and recommendations shall require their consensus. 5. Reference to the Parties in these Rules of Procedure is in accordance with the definition provided for in Article 352 of the Agreement. Article 2 Chairmanship The Association Council shall be chaired alternately for periods of 12 months by the High Representative of the Union for Foreign Affairs and Security Policy and a representative at ministerial level of the CA Party. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year. Article 3 Meetings 1. The Association Council shall meet regularly at a period not exceeding two years. Special sessions of the Association Council may be held if the Parties so agree, at the request of a Party. 2. Each session of the Association Council shall be held where appropriate and at a date agreed by the Parties. 3. The meetings of the Association Council shall be jointly convened by the Secretaries of the Association Council, in agreement with the Chair of the Association Council. 4. By way of exception, and if the Parties agree, the meetings of the Association Council may be held by technological means, such as video-conference. Article 4 Representation 1. The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he or she must notify in writing to the Chair, of the name of his or her representative before the meeting at which he or she is to be so represented. 2. The representative of a member of the Association Council shall exercise all the rights of that member. Article 5 Delegations 1. The members of the Association Council may be accompanied by officials. Before each meeting, the Chairman shall be informed, through the Secretariat, of the intended composition of the delegation of each Party. 2. The Association Council may, by agreement between the Parties, invite non-members to attend its meetings as observers or in order to provide information on particular subjects. Article 6 Secretariat An official of the General Secretariat of the Council of the European Union and an official of the CA Party shall act jointly as Secretaries of the Association Council. Article 7 Correspondence 1. Correspondence addressed to the Association Council shall be directed to the Secretary of either the EU Party or of the Republics of the CA Party, which in turn will inform the other Secretary. 2. The Secretariat shall ensure that correspondence is forwarded to the Chair and, where appropriate, circulated to the other members of the Association Council. 3. The Secretariat shall send the correspondence to the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States and to the General Secretariat of the Council of the European Union, as well as to the Embassies of the Republics of the CA Party established in Brussels, Belgium, with copy, as applicable, to the ministries responsible for foreign affairs or the ministries responsible for trade-related matters. 4. Communications from the Chair of the Association Council shall be sent to the addressees by the Secretariat and circulated, where appropriate, to the other members of the Association Council at the addresses indicated in the third paragraph. Article 8 Confidentiality 1. Unless otherwise decided, the meetings of the Association Council shall not be public. 2. When a Party submits to the Association Council information designated as confidential, the other Party shall treat that information in accordance with the procedure described in Article 336(2) of the Agreement. 3. Each Party may decide on the publication of the decisions and recommendations of the Association Council in its respective official publication. Article 9 Agendas for the meetings 1. The Chair shall draw up a provisional agenda for each meeting. It shall be dispatched by the Secretaries of the Association Council to the addressees referred to in Article 7 not later than 15 calendar 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 in the agenda not later than 21 calendar days before the beginning of the meeting, save that such items shall not be written into the provisional agenda the supporting documentation for which has not been forwarded to the Secretaries not later than the date of dispatch of the agenda. 2. The agenda shall be adopted by the 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 Parties so agree. 3. The Chair may reduce, in consultation with the Parties, the time periods 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 jointly by the two Secretaries. 2. The minutes shall, as a general rule, indicate in respect of each item on the agenda: (a) the documentation submitted to the Association Council; (b) statements which a member of the Association Council has asked to be entered; and (c) issues agreed to by the Parties, such as decisions adopted, the statements agreed upon and any conclusions, among others. 3. The draft minutes shall be submitted to the Association Council for approval. They shall be approved within 45 calendar days after each Association Council meeting. Once approved, the minutes shall be signed by the Chair and the two Secretaries. A certified true copy shall be forwarded to each of the addressees referred to in Article 7. Article 11 Decisions and recommendations 1. The Association Council shall take decisions and make recommendations by mutual agreement between the Parties, which shall be signed by the Republics of the CA Party and the EU Party. 2. The Association Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Council to its members pursuant to Article 7, with a time limit of no less than 21 calendar days within which members must make known any reservations or amendments they wish to make. Once the text is agreed to, the decision or recommendation shall be signed independently and successively by the representatives of the EU Party and each of the Republics of the CA Party. 3. The acts of the Association Council shall be entitled ‘Decision’ or ‘Recommendation’ respectively within the meaning of Article 6 of the Agreement. The Secretariat of the Association Council shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter. Each decision shall provide for the date of its entry into force and shall be signed by the Republics of the CA Party and the EU Party. 4. The decisions and recommendations of the Association Council shall be authenticated by the two Secretaries. 5. The decisions and recommendations shall be forwarded to each of the addressees referred to in Article 7 of these rules of Procedure. 6. Each Party may decide to order publication of the decisions and recommendations of the Association Council in its respective official publication. Article 12 Languages 1. The official languages of the Association Council shall be Spanish and another of the authentic languages of the Agreement agreed by the Parties. 2. Unless otherwise decided, the Association Council shall base its deliberations on documentation prepared in those languages. Article 13 Expenses 1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Council, 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 interpreting at meetings and translation of documents into or from Spanish and the other official language of the Association Council as referred to in Article 12(1) of these Rules of Procedure shall be borne by the Party hosting the meeting. Interpreting and translation into or from other languages shall be borne directly by the requesting Party. Article 14 Association Committee 1. In accordance with Article 7 of the Agreement, the Association Council shall be assisted in carrying out its duties by the Association Committee. The Committee shall be composed of representatives of the EU Party, on the one hand, and of representatives of the CA Party, on the other hand, at the level determined by the Agreement. 2. The Association Committee shall prepare the meetings and the deliberations of the Association Council (1), implement the decisions of the 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 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/recommendations to the Association Council for its approval. In accordance with Article 7(4) of the Agreement, the Association Council may empower the Association Committee to take decisions on its behalf. 3. In cases where the Agreement refers to an obligation to consult or a possibility of consultation or where the Parties decide by mutual agreement to consult each other, such consultation may take place within the Association Committee, except as otherwise specified in the Agreement. The consultation may continue in the Association Council if the two Parties so agree. Article 15 Amendment of Rules of Procedure These Rules of Procedure may be amended in accordance with the provisions of Article 11. (1) Regarding Part IV of the Agreement, this function shall be complied by the Association Committee in close coordination with the Coordinators designated in accordance with Article 347 of the Agreement.