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

The position to be adopted on the Union’s behalf in the EUCuba Joint Council as regards the rules of procedure of the Joint Council and those of the Joint Committee shall be based on the texts in the annex to this Decision.

(7) The Union’s position in the Joint Council should therefore be based on the attached draft texts of the rules of procedure of the Joint Council and of the Joint Committee,

(6) In order to ensure the effective implementation of the Agreement, the rules of procedure of the Joint Council and of the Joint Committee should be adopted.

(5) Article 82(1) and (5) of the Agreement provides that the Joint Committee is composed of representatives of the parties at senior official level and is to be chaired alternately by a representative of the Union or of Cuba.

(4) Article 81(3) and (5) of the Agreement provides that the Joint Council is composed of representatives of the parties at ministerial level and is to be to be chaired alternately by a representative of the European Union or of Cuba.

(3) Article 81(4) of the Agreement provides that the Joint Council is to establish its own rules of procedure and Article 82(3) provides that it is to establish the rules of procedure of the Joint Committee.

(2) Articles 81 and 82 of the Agreement establish a Joint Council and a Joint Committee to facilitate the implementation of the Agreement.

(1) The Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part (‘the Agreement’), was signed in Brussels on 12 December 2016 and is to be applied provisionally from 1 November 2017.

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

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

on the position to be adopted on the Union’s behalf in the Joint Council established by the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part, as regards the adoption of decisions on the rules of procedure of the Joint Council and of the Joint Committee

In the light of the above, the legal basis of the proposed Decision should be Article 37 TEU and Articles 207 and 209 TFEU in conjunction with Article 218(9) TFEU.

The EU’s position as regards the envisaged acts should therefore be based on the same substantive legal bases.

The PDCA pursues objectives and has components in the areas of the EU’s common foreign and security policy, common commercial policy and development cooperation policy. These aspects are inseparably linked without one being incidental to the other. The EU’s signing of the PDCA was based on Article 37 of the Treaty on European Union (TEU) and Articles 207 and 209 TFEU.

The main objective and content of the envisaged acts relate to the implementation of the Agreement.

With regard to an act that simultaneously pursues a number of objectives, or has several components that are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is adopted on the Union’s behalf. If the envisaged act pursues two aims or has two components, and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

The acts set out in the annex to this Decision constitute acts having legal effects, because Article 81(6) of the Agreement empowers the Joint Council to adopt decisions that are binding on the parties.The acts do not supplement or amend the institutional framework of the Agreement.

The Joint Council and the Joint Committee are bodies established by the PDCA.

The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.

The position to be adopted on behalf of the Union should enable adoption of the rules of procedure of the Joint Council and of the Joint Committee.

The purpose of the envisaged act is to adopt, in accordance with Articles 81(4) and 82(3) of the Agreement, rules of procedure governing the functioning of the Joint Council and of the Joint Committee to allow for implementation of the PDCA.

The Joint Council is to adopt a decision on its own rules of procedure and those of the Joint Committee.

The Joint Committee is composed of representatives of the parties at senior official level. It is chaired alternately by a representative of the EU or of Cuba. It normally meets once a year in the Union and Cuba alternately. Its rules of procedure are adopted by the Joint Council.

The Joint Committee is established by Article 82 of the Agreement. It assists the Joint Council in the performance of its duties and is responsible for the general implementation of the PDCA. Its main tasks are to prepare the meetings and deliberations of the Joint Council, implement its decisions where appropriate and, in general, ensure the continuity of relations and the proper functioning of the PDCA. It will consider matters referred to it by the Joint Council and any other matters arising in the course of the day-to-day implementation of the PDCA. It submits draft decisions or recommendations for adoption by the Joint Council. It can establish sub-committees to assist it in the performance of its duties.

The Joint Council is composed of representatives of the parties at ministerial level and chaired alternately by a representative of the EU or of Cuba. It meets regularly at least every two years, or as agreed as circumstances require. It adopts its own rules of procedure.

The Joint Council may take decisions to ensure that the objectives of the Agreement are attained. Such decisions are binding on the parties, which must take all measures necessary to implement them. The Joint Council may also make recommendations and examine disputes over the parties’ fulfilment of their obligations, with a view to finding mutually acceptable solutions, in accordance with Article 85 of the Agreement.

The Joint Council is established by Article 81 of the Agreement. Its main tasks are to oversee work to achieve the objectives of the PDCA, guide its implementation and examine major issues arising in the context of the PDCA and any other bilateral, multilateral or international question of common interest.

The PDCA sets out general principles and objectives for EUCuba relations and creates an institutional structure for managing the Agreement.

The PDCA aims to upgrade relations between the EU and Cuba to a level that reflects their strong historic, economic and cultural ties. It creates a strong enabling framework for enhanced political dialogue and bilateral cooperation across a wide range of areas. It will also provide a platform for joint action on global matters and in multilateral fora.

This proposal concerns a decision on the position to be adopted on the Union’s behalf in the Joint Council established by the EUCuba Political Dialogue and Cooperation Agreement (PDCA), in connection with the planned adoption of the rules of procedure of the Joint Council and of the Joint Committee.

on the position to be adopted on the Union’s behalf in the Joint Council established by the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part, as regards the adoption of decisions on the rules of procedure of the Joint Council and of the Joint Committee

EUROPEAN COMMISSION Brussels,13.11.2017 JOIN(2017) 43 final ANNEX to the Joint Proposal for a Council Decision on the position to be adopted, on the Union's behalf in the Joint Council set up by the Agreement on Political Dialogue and Cooperation between the European Union and its Member States, of the one part, and Cuba of the other part, as regards the adoption of decisions in the Joint Council on the Rules of Procedure of the Joint Council and those of the Joint Committee





ANNEX DECISION No 1/[…] OF THE EU-CUBA JOINT COUNCIL of […] adopting its Rules of Procedure and those of the Joint Committee THE EU-CUBA JOINT COUNCIL, Having regard to the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other, (hereinafter referred to as ‘the Agreement’) and in particular Articles 81(4), 82(3) and 83(5) thereof, Whereas: In accordance with Article 86(4), parts of the Agreement have been applied provisionally since 1 November 2017 between the EU and Cuba. Pursuant to Art 81(4) of the Agreement, the Joint Council is to establish its own Rules of Procedures. Pursuant to Article 82 (1) of the Agreement, the Joint Council is to be assisted in the performance of its duties by a Joint Committee, Pursuant to Article 82 (3) of the Agreement the Joint Council is to establish the Rules of Procedures of the Joint Committee. HAS DECIDED AS FOLLOWS: Article 1 The Rules of Procedure of the Joint Council and those of the Joint Committee, as set out in Annexes 1 and 2 respectively, are hereby adopted. Article 2 This Decision shall enter into force on the date of its adoption. Done at …, xxxx. For the EU-Cuba Joint Council

[…] For the EU […] For Cuba

ANNEX 1 Rules of Procedure of the Joint Council Article 1 General provisions The Joint Council established in accordance with Article 81(1) of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one hand, and Cuba, of the other (hereinafter referred to as the “Agreement”) shall perform its duties as provided for in Article 81(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. In accordance with Article 81(3) of the Agreement, the Joint Council shall be composed of representatives of the Parties. It shall meet at ministerial level. As provided for in Article 81(6) of the Agreement, and for the purpose of attaining the objectives thereof, the Joint Council shall have the power to take decisions that are binding upon the Parties. The Joint Council shall take appropriate measures for the implementation of its decisions, including, if necessary, by empowering specific bodies established under this Agreement, to act on its behalf. The Joint Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties after the completion of their respective internal procedures, in accordance with Article 11. The Joint Council may delegate its powers to the Joint Committee. The Parties in these Rules of Procedures are those defined as in Article 84 of the Agreement. Article 2 Chairmanship The Joint Council shall be chaired alternately, from one meeting to the next, either by a representative of the European Union or a representative of the Republic of Cuba. The first Joint Council shall be chaired by a representative of the European Union. Article 3 Meetings 1.The Joint Council shall meet regularly at least every two years, and when circumstances require, if the Parties so agree. Unless otherwise agreed by the Parties, the Joint Council shall be held at the usual venue for meetings of the Council of the European Union. 2.The meetings of the Joint Council shall be held at a date agreed by the Parties. 3.The meetings of the Joint Council shall be convened jointly by the Secretaries of the Joint Council, in agreement with the Chair of the Joint Council not later than 30 days before the date of the meeting. Article 4

Representation 1.The members of the Joint Council may be represented if unable to attend. If a members wish to be represented, they must inform the Chair in writing of the name of their representative before the meeting in question. 2.The representative of a member of the Joint Council shall exercise all the rights of that member. Article 5 Delegations The members of the Joint Council may be accompanied by officials. Before each meeting, the Chair shall be informed, through the Secretariat, of the intended composition of the delegation of each Party. Article 6 Secretariat An official of the European Union and an official of the Government of Cuba shall act jointly as Secretaries of the Joint Council. Article 7 Correspondence 1.Correspondence addressed to the Joint Council shall be directed to either Secretary, which in turn will inform the other Secretary. 2.The two Secretaries shall ensure that correspondence is forwarded to the Chair and, where appropriate, circulated to the members of the Joint Council. 3.Correspondence so circulated shall be sent, as appropriate, to the Secretariat-General of the European Commission, the European External Action Service, and to the EU Member States' Permanent Representations to the European Union , as well as to the Mission of Cuba to the European Union and the Ministry of Foreign Affairs of the Republic of Cuba. 4.Communications from the Chair of the Joint Council shall be sent to the addressees by the two Secretaries on behalf of the Chair of the Joint Council. Such communications shall be circulated, where appropriate, to the members of the Joint Council as provided for in the third paragraph.

Article 8 Confidentiality 1.Unless decided otherwise, the meetings of the Joint Council shall not be public. 2.When a Party submits to the Joint Council information designated as confidential, the other Party shall treat that information as such.

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 to the addressees referred to in Article 7 not later than 15 calendar days before the meeting. 2.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. Such items shall be accompanied by the relevant supporting documents to be sent to the Secretaries before the date of dispatch of the agenda. 3.The agenda shall be adopted by the Joint 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. 4.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. 5.The Joint Council may, by agreement between the Parties, invite independent experts in a subject area to attend its meetings as observers or in order to provide information on particular subjects. The Parties shall agree on a case-by-case basis on the terms and conditions under which these experts may attend the meetings and ensure that they respect any confidentiality requirements. Article 10 Minutes 1. Draft minutes of each meeting shall be drawn up jointly by the two Secretaries. 2. The minutes shall, unless otherwise agreed at the meeting, indicate in respect of each item on the agenda: the documentation submitted to the Joint Council; statements which a member of the Joint Council has asked to be entered; and 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 Joint Council for approval. The Joint Council shall approve the minutes at its next meeting. Alternatively, the draft minutes can be approved in writing. Article 11 Decisions and recommendations 1. The Joint Council shall take decisions and make recommendations by mutual agreement between the Parties after the completion of their respective internal procedures. 2. The Joint Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the draft of the proposal shall be circulated in writing by the Chair of the Joint 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. The Chair may reduce, in consultation with the Parties, the aforementioned time limit in order to take account of the requirements of a particular case.

3. The acts of the Joint Council, in accordance with Article 81(6) and Article 81 (7) of the Agreement, shall be entitled respectively "Decision" or "Recommendation" followed by a serial number, the year of their adoption and a description of their subject-matter. They shall be signed by the Chair. The decisions and recommendations shall be circulated to the addressees referred to in Article 7. Each Party may decide on the publication of the decisions and recommendations of the Joint Council in its respective official publication. 4. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise Article 12 Languages 1. The official languages of the Joint Council shall be English and Spanish. 2. Unless decided otherwise, the Joint Council shall base its deliberations on documentation prepared in these languages. Article 13 Expenses 1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Council, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure. 2. Expenditure in connection with interpretation at meetings, translation and reproduction of documents shall be borne by the European Union. In the event that Cuba requires interpretation or translation into and from languages other than those provided for in Article 12, it shall bear the related expenses. 3. Other expenditure relating to the material organisation of meetings shall be borne by the Party hosting the meetings. Article 14 Joint Committee 1. In accordance with Article 82 of the Agreement, the Joint Council shall be assisted in carrying out its duties by the Joint Committee. The Joint Committee shall be composed of representatives of the Parties, in principle at senior official level. 2. The Joint Committee shall prepare the meetings and deliberations of the Joint Council, monitor the implementation of the decisions of the Joint Council where appropriate and, in general, ensure continuity of the Joint relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Joint Council as well as any other matter that may arise in the course of the implementation of the Agreement. It shall submit proposals or any draft decisions/recommendations to the Joint Council for its approval. 3. The Joint Committee shall take the decisions and make the recommendations it is empowered for in the Agreement. In accordance with Article 82(4) of the Agreement, the Joint Council may empower the Joint Committee to take decisions. 4. 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 Joint Committee, except as otherwise specified in the Agreement. The consultation may continue in the Joint Council if the two Parties so agree. Article 15

Amendment of Rules of Procedure These Rules of Procedure may be amended by a decision of the Joint Council, in accordance with the provisions of Article 11. ANNEX 2 Rules of Procedure of the Joint Committee Article 1 General provisions 1. The Joint Committee that is established in accordance with Article 82 of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and Cuba, of the other (hereinafter referred to as the “Agreement”) shall assist the Joint Council in the performance of its duties and functions and perform the tasks provided for in this Agreement and assigned to it by the Joint Council. 2. The Joint Committee shall prepare the meetings and deliberations of the Joint Council, implement the decision of the Joint Council where appropriate and, in general, ensure continuity of the relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Joint 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 by the Joint Council. 3. In accordance with Article 82(1) of the Agreement, the Joint Committee shall be composed of representatives of the Parties, at senior official level, taking into consideration the specific issues to be addressed.

Article 2 Chairmanship The Joint Committee shall be chaired alternately, from one meeting to the next, either by a representative of the European Union or a representative of the Republic of Cuba. The first Party to hold the Chairmanship is the Republic of Cuba. Article 3 Meetings 1. Save as otherwise agreed by the Parties, the Joint Committee shall meet regularly, at least once a year. Special sessions of the Joint Committee may be held if the Parties so agree, at the request of either Party. 2. Each meeting shall be convened by the Chair at a date and place agreed by the parties. The notice of convening the meeting shall be issued by the Secretariat of the Joint Committee no later than 28 calendar days prior to the start of the meeting, unless the parties agree otherwise. 3. Whenever possible, the regular meeting of the Joint Committee shall be convened in due time in advance of the regular meeting of the Joint Council. 4. By way of exception and if the parties agree, the meetings of the Joint Committee may be held by any agreed technological means such as video-conference. Article 4 Delegations

Before each meeting, the parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting on either side. Article 5 Secretariat An official from each side shall act jointly as Secretaries of the Joint Committee and shall execute secretarial tasks in a joint manner unless these rules of procedure provide otherwise, in a spirit of mutual trust and cooperation.

Article 6 Correspondence 1. Correspondence addressed to the Joint Committee shall be directed to either Secretary, who in turn will inform the other Secretary. 2. The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the Chair and circulated, where appropriate, in accordance with Article 7. 3. Correspondence from the Chair shall be sent to the parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, in accordance with Article 7. Article 7 Documents 1. Documents shall be circulated through the Secretaries. 2. A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party without undue delay. 3. Each Secretary shall circulate the documents to the responsible representatives of his or her party, systematically including the Secretary of the other party in copy. Article 8 Confidentiality Unless otherwise decided by the parties, the meetings of the Joint Committee shall not be public. When a Party submits to the Joint Committee information designated as confidential, the other Party shall treat that information as such. Article 9 Agendas for the Meetings 1. A provisional agenda for each meeting as well as draft Operational Conclusions as provided for in Article 10 hereunder shall be drawn up by the Secretariat on the basis of proposals made by the parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting.

2. The provisional agenda, together with the relevant documents, shall be circulated in accordance with Article 7, no later than 20 calendar days before the meeting date. 3. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the parties so agree. 4. The Chair of the meeting of the Joint Committee may, upon agreement of the other Party, invite independent experts in a subject-area on an ad-hoc basis to attend its meetings in order to provide information on specific subjects. The parties shall ensure that those observers or experts respect any confidentiality requirements. 5. The Chair of the meeting of the Joint Committee may reduce, in consultation with the parties, the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances. Article 10 Minutes and operational conclusions 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) a list of participants, a list of accompanying officials and a list of any observers or experts who attended the meeting; (b) the documentation submitted to the Joint Committee; (c) statements which the Joint Committee has asked to be entered; and (d) operational conclusions from the meeting. 3. The draft minutes shall be submitted to the Joint Committee for approval. The Joint Committee shall approve the minutes at its next meeting or, alternatively, in writing. 4. Draft operational conclusions of each meeting shall be drawn up by the Secretary of the Party holding the Chairmanship, and circulated to the parties together with the agenda, normally no later than 15 calendar days before the beginning of the meeting. This draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the parties, the Joint Committee adopts the operational conclusions, reflecting follow-up action to be taken by the parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed in any subsequent meeting of the Joint Committee. To that end, the Joint Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline. Article 11 Decisions and recommendations 1. In the specific cases where the Agreement confers the power to take decisions or where such power has been delegated to it by the Joint Council, the Joint Committee shall take decisions. It shall also make recommendations. Decisions and recommendations shall be made by mutual agreement between the parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Union and by Cuba. 2. The Joint Committee may take decisions or make recommendations by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. For this purpose, the text of the proposal shall be circulated in accordance with Article 7, with a time limit of no less than 21 calendar days within which any comments or objections must be made known. The Chair of the Joint Committee may, in consultation with the Parties, reduce this time, in order to take account of special circumstances. Once the text is agreed, the decision or recommendation shall be signed by the Chair. 3. The acts of the Joint Committee shall be entitled ‘Decision’ or ‘Recommendation’, as appropriate, followed by a serial number, the year of their adoption and a description of their subject-matter. Each decision shall enter into force on the date of its adoption unless it provides otherwise. 4. The decisions and recommendations shall be circulated to both Parties.

5. Each Party may decide on the publication of the decisions and recommendations of the Joint Committee in its respective official publication. Article 12 Reports The Joint Committee shall report to the Joint Council on its activities and those of its Subcommittees at each regular meeting of the Joint Council. Article 13 Languages 1. The official languages of the Joint Committee shall be the official languages of the Joint Council. 2. The working languages of the Joint Committee shall be English and Spanish. Unless decided otherwise, the Joint Committee shall base its deliberations on documentation prepared in both of these languages. Article 14 Expenses 1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint 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, the reproduction of documents and interpreting at meetings and translation of documents into or from English and Spanish 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 15 Amendment of Rules of procedure These rules of procedure may be amended by a decision of the Joint Council in accordance with Article 11 of the Rules of procedure of the Joint Council. Article 16 Subcommittees 1. In accordance with Article 83(3) of the Agreement, the Joint Committee may decide to create a Subcommittee in specific areas necessary for the implementation of the Agreement to assist it in the performance of its duties. The Joint Committee may decide to abolish any such Subcommittee, define or amend its rules of procedure. Unless decided otherwise, these Subcommittees shall work under the authority of the Joint Committee, to which they shall report after each of their meetings. 2. Unless provided otherwise by the Agreement or agreed in the Joint Council, the present rules of procedure shall be applied mutatis mutandis to any Subcommittee established by the Agreement or under paragraph 1. 3. The meetings of the Subcommittees may be held flexibly as and when the need arises, in person, either in Brussels or in Cuba or e.g. by videoconference. The Subcommittees should be the platform to monitor the progress on approximation in specific areas, to discuss certain issues and challenges arising from this process and to formulate recommendations and operational conclusions.