EN Official Journal of the European Union L 324/41

COUNCIL DECISION (EU) 2017/2261

of 30 November 2017

on the position to be adopted, on behalf of the Union in the Joint Ministerial Committee and the Joint Cooperation Committee established by the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada of the other part, as regards the adoption of the Rules of Procedure of the Joint Ministerial Committee, and the Terms of Reference of the Joint Cooperation Committee and sub-committees

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) The Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (1) (‘the Agreement’) was signed in Brussels on 30 October 2016 and has been applied provisionally since 1 April 2017.

(2) Article 27(2) and (3) of the Agreement establish a Joint Ministerial Committee, and a Joint Cooperation Committee to facilitate the implementation of the Agreement.

(3) Article 27(2)(b)(iv) of the Agreement provides that the Joint Ministerial Committee is to adopt its own Rules and Procedures and Article 27(3)(c) of the Agreement provides that the Joint Cooperation Committee is to agree on its own Terms of Reference. Article 27(3)(b)(viii) provides that the Joint Cooperation Committee is to establish sub-committees to assist it in the performance of its duties.

(4) Article 27(2)(b)(ii) of the Agreement provides that the Joint Ministerial Committee is to be co-chaired by the Minister of Foreign Affairs of Canada and the High Representative of the Union for Foreign Affairs and Security Policy. Article 27(3)(c) provides that the Joint Cooperation Committee is to be co-chaired by one senior official from Canada and one senior official from the Union.

(5) In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Joint Ministerial Committee and the Terms of Reference of the Joint Cooperation Committee and of its sub-committees should be adopted.

(6) The position of the Union in the Joint Ministerial Committee and the Joint Cooperation Committee should therefore be based on the attached draft texts of the Rules of Procedure of the Joint Ministerial Committee and the Terms of Reference of the Joint Cooperation Committee and of its sub-committees,

HAS ADOPTED THIS DECISION:

Article 1

1. The position to be adopted on behalf of the Union in the EU-Canada Joint Ministerial Committee shall be based on the text of the Rules of Procedure of the Joint Ministerial Committee attached to this Decision.

2. The position to be adopted on behalf of the Union in the EU-Canada Joint Cooperation Committee shall be based on the text of the Terms of Reference of the Joint Cooperation Committee and sub-committees attached to this decision.

Article 2

This Decision is addressed to the Commission and the High Representative of the Union for Foreign Affairs and Security Policy.

Article 3

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

Done at Brussels, 30 November 2017. For the Council The President K. SIMSON

(1) Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (OJ L 329, 3.12.2016, p. 45).

ANNEX DECISION OF THE JOINT MINISTERIAL COMMITTEE of … adopting its Rules of Procedure THE EU-CANADA JOINT MINISTERIAL COMMITTEE, Having regard to the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (‘the Agreement’), and in particular Article 27 thereof, Whereas: (1) In accordance to Article 30(2) of the Agreement, parts of the Agreement have been applied provisionally since 1 April 2017. (2) Pursuant to Article 27(2)(b)(iv) of the Agreement the Joint Ministerial Committee is to adopt its Rules of Procedure, HAS DECIDED AS FOLLOWS: The Rules of Procedure of the Joint Ministerial Committee, as set out in the Annex, are hereby adopted. Signed at …, …. For the EU-Canada Joint Ministerial Committee The co-chairs

ANNEX Rules of Procedure of the Joint Ministerial Committee Tasks The Joint Ministerial Committee (JMC) will perform the following tasks: (a) take stock of the state of the relationship on the basis of the annual report submitted by the Joint Cooperation Committee (JCC); (b) make recommendations in relation to the work of the JCC including on new areas for future cooperation; (c) take decisions with the approval of the Parties to the Agreement; (d) make recommendations on any disputes arising from the implementation of this Agreement, in accordance with Article 28 of the Agreement. Chair, Composition and Participants 1. The JMC will be co-chaired by the Minister of Foreign Affairs of Canada and the High Representative of the Union for Foreign Affairs and Security Policy. 2. Each Party to the Agreement will inform the secretariat of the composition of its delegation, before each meeting of the JMC. 3. The co-chairs may invite experts or representatives of other bodies to the meeting to act as observers or to provide information on a particular subject. Meetings 1. The JMC will meet on an annual basis or as mutually approved as circumstances require. Meetings of the JMC will be held in the European Union and Canada alternately, or in any other location jointly approved by the Co-Chairs, on a date fixed by joint approval. 2. The meetings of the JMC will be held behind closed doors, unless the co-chairs, with approval from the Parties to the Agreement, decide that the meeting will be public. Secretariat 1. A representative of the European External Action Service and a representative of Global Affairs Canada will act jointly as secretaries of the JMC. Relevant communications to and from the co-chairs will be forwarded to the secretaries. 2. The secretariat will ensure regular contacts, including by videoconference, ahead of the JMC meetings to take stock of thematic dialogues that may have taken place prior to the holding of the JMC. The content of these exchanges will feed into the agenda of the JMC's meeting. Agendas for meetings 1. The secretariat of the host Party to the Agreement will draw up a provisional agenda for each meeting. The provisional agenda will be sent, together with any relevant documents, to the Parties to the Agreement at least 15 working days before the beginning of the meeting, unless circumstances do not allow it. 2. The agenda will be approved by the co-chairs and will be adopted by the JMC at the beginning of each meeting. Items other than those appearing on the provisional agenda may be put on the agenda if the co-chairs so decide. Joint Ministerial Declaration The Parties to the Agreement will approve a JMC Declaration at the end of each meeting. This will be made public and may incorporate any recommendations approved by the Parties to the Agreement. Decisions and recommendations 1. The JMC may take decisions or make recommendations in order to attain the objectives of the Agreement. 2. Decisions and recommendations of the JMC will be adopted by joint approval of the Parties to the Agreement and will be communicated on the EU side, to as appropriate, the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States to the European Union, the General Secretariat of the Council of the EU and on the Canadian side to the appropriate Canadian authorities. 3. Decisions will be adopted following completion by the Parties to the Agreement of their respective internal procedures in accordance with their laws and regulations. 4. Decisions and recommendations of the JMC will be recorded in two valid copies signed by the co-chairs. 5. In case of urgency, decisions and recommendations can be adopted outside a formal meeting of the JMC by means of a written procedure. Such decisions and recommendations will need to be communicated to the Parties to the Agreement. Expenses 1. Each Party to the Agreement will bear the expenses it incurs as a result of participating in the meetings of the JMC, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. 2. Each Party to the Agreement will bear the expenses it incurs in connection with interpreting at meetings and translation. 3. The host Party to the Agreement will bear the expenses of organising meetings and reproduction of documents. Confidentiality When a Party to the Agreement submits information designated as confidential to the JMC, the other Party will treat the information as such. Amendment of the Rules of Procedure These Rules of Procedure may be amended in accordance with the provision on Decisions and Recommendations.

Terms of Reference of the Joint Cooperation Committee and sub-committees THE EU-CANADA JOINT COOPERATION COMMITTEE, Having regard to the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (‘the Agreement’), and in particular Article 27 thereof, Whereas: (1) In accordance to Article 30(2) of the Agreement, parts of the Agreement have been applied provisionally since 1 April 2017. (2) Pursuant to Article 27(3)(c) of the Agreement the Joint Cooperation Committee adopts its Terms of Reference. (3) Pursuant to Article 27(3)(b) (viii) the Joint Cooperation Committee can establish sub-committees to allow for expert level discussions on the key areas falling within the scope of the Agreement, HAS APPROVED AS FOLLOWS: The Terms of Reference of the Joint Cooperation Committee, as set out in the Annex, are hereby adopted. Signed at …, …. For the EU-Canada Joint Cooperation Committee The co-chairs