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

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

(1) The position to be adopted on the Unionʼs behalf 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.

(6) The Unionʼs position 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.

(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.

(4) Article 27(2)(b)(ii) of the Agreement provides that the Minister of Foreign Affairs of Canada and the High Representative of the Union for Foreign Affairs and Security Policy are to co-chair the Joint Ministerial Committee. 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.

(3) Article 27(2)(b)(iv) of the Agreement provides that the Joint Ministerial Committee is to adopt its 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.

(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.

(1) The Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (ʻthe Agreementʼ') was signed in Brussels on 30 October 2016 and it has been applied provisionally since 1 April 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 Article 212(1) read 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 Unionʼs behalf 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, the Terms of Reference of the Joint Cooperation Committee and the Terms of Reference of the subcommittees established by the Joint Cooperation Committee.

In the light of the above, the legal basis of the proposed decision should therefore be Article 37 TEU and Article 212(1) TFEU read in conjunction with Article 218(9) TFEU.

The envisaged acts should therefore be based on the same substantive legal bases.

The Agreement pursues objectives and has components in the areas of the Common Foreign and Security Policy and technical cooperation with developed countries. These aspects of the Agreement are inseparably linked without one being incidental to the other. The signing of the Agreement and provisional application was based on Article 37 of the Treaty on European Union (TEU) and Article 212(1) of the Treaty on the Functioning of the European Union (TFEU).

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

With regard to an envisaged act that simultaneously pursues a number of objectives, or has several components, which 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 under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

The envisaged acts do not supplement or amend the institutional framework of the Agreement.

The acts set out in the annexes of this decision which the JMC and JCC is called upon to adopt are binding. This is because in accordance with Articles 27(2)(b)(iv) and(v) of the Agreement, the JMC is to adopt its own Rules of Procedure and decisions with the approval of both Parties, while in accordance with Article 27(3)(b)(viii) and (c), the JCC is to establish sub-committees and agree on its own Terms of Reference.

The JMC and the JCC and its sub-committees are bodies set up by the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part.

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 aim at adopting the Rules of Procedure of the JMC, the Terms of Reference of the JCC and the Terms of Reference of the sub-committees established by the JCC, as provided for by the Agreement.

3.POSITION TO BE ADOPTED ON BEHALF OF THE UNION

The purpose of the envisaged acts is to adopt, in accordance with Articles 27(3)(c) and 27(3)(b)(viii) of the Agreement, the Terms of Reference underpinning the functioning of the JCC and the Terms of Reference of the sub-committees established by the JCC to allow for the implementation of the Agreement.

The JCC is to adopt its own Terms of Reference and the Terms of Reference of the subcommittees (‘the envisaged acts’).

The purpose of the envisaged act is to adopt, in accordance with Article 27(2)(b)(iv) of the Agreement, the Rules of Procedure governing the functioning of the JMC to allow for the implementation of the Agreement.

The JMC is to adopt a decision regarding the adoption of the Rules of Procedure of the JMC (‘the envisaged act’).

The JCC is composed of representatives of both Parties and is co-chaired by one senior official from the Union and one from Canada. It meets once a year in the Union and Canada alternately. It agrees on its own Terms of Reference. The JCC may request committees and similar bodies established under existing bilateral agreements between the Parties to provide regular updates to the JCC on their activities as part of an ongoing, comprehensive overview of the relationship between the Parties.

- establish sub-committees to assist it in the performance of its duties.

- provide an annual report to the JMC on the state of the relationship; and

- monitor the developments in the strategic relationship between the Parties;

The Joint Cooperation Committee (JCC) is established by Article 27(3) of the Agreement. Its main tasks are to:

The JMC is composed of representatives of the Parties and is co-chaired by the Minister of Foreign Affairs of Canada and the High Representative of the Union for Foreign Affairs and Security Policy. It meets on an annual basis, or as mutually agreed as circumstances require. The Joint Ministerial Committee adopts its Rules and Procedures.

The JMC may take decisions in order to attain the objectives of the Agreement. Decisions will be adopted following the completion by the Parties of the Agreement of their respective internal procedures in accordance with their laws and regulations.

In particular, the JMC will take stock of the state of cooperation on the basis of an annual report from the Joint Cooperation Committee. It will make recommendations on the work of the Joint Cooperation Committee including on new areas for future cooperation and the resolution of disputes arising from the implementation of this Agreement, in accordance with Article 28 of the Agreement.

The Joint Ministerial Committee (JMC) is established by Article 27(2) of the Agreement. Its main task is to review the overall cooperation between EU and Canada and provide strategic guidance to facilitate implementation of the Agreement, ensure coherence and expand its scope where possible.

The Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (‘the Agreement’) aims to upgrade the EU – Canada strategic relationship by providing a comprehensive framework of cooperation on foreign and security policy issues and in a large number of sectoral policy areas. The Agreement is underpinned by EU's and Canada's shared values and principles as regards democracy, human rights, peace and security, and the rule of law, and is also designed to intensify and expand political dialogue and project those values in the world. To these ends the Agreement establishes structured consultation mechanisms.

The present proposal concerns the decision establishing the position to be adopted on the Union's behalf 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, in connection with the envisaged adoption of the Rules of Procedure of the Joint Ministerial Committee, the Terms of reference of the Joint Cooperation Committee and the Terms of reference of the subcommittees established by the Joint Cooperation Committee.

on the position to be adopted, on the Unionʼs behalf 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, the Terms of Reference of the Joint Cooperation Committee and the Terms of Reference of the subcommittees established by the Joint Cooperation Committee.

EUROPEAN COMMISSION Brussels, 31.10.2017 JOIN(2017) 40 final ANNEXES to the Joint Proposal for a Council Decision on the position to be adopted, on the Union's behalf 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, the Terms of Reference of the Joint Cooperation Committee and the Terms of Reference of the subcommittees established by the Joint Cooperation Committee.



ANNEX 1 Rules of Procedure for the Joint Ministerial Committee 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, the Agreement has 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 …, xxxx. For the EU-Canada Joint Ministerial Committee The co-chairs ANNEX Rules of Procedure of the Joint Ministerial Committee Tasks 1. 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 both 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

1. The Parties 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 shall treat the information as such. ANNEX 2 Terms of Reference for the Joint Cooperation Committee 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, the Agreement has 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. HAS APPROVED AS FOLLOWS: The Terms of Reference of the Joint Cooperation Committee, as set out in the Annex, are hereby adopted. Signed at …, xxxx. For the EU-Canada Joint Cooperation Committee The co-chairs ANNEX Terms of Reference of the Joint Cooperation Committee Tasks The Joint Cooperation Committee (JCC) will perform the following tasks: (a)recommend priorities in relation to cooperation between the Parties to the Agreement; (b)monitor the developments in the strategic relationship between the Parties to the Agreement; (c)exchange views and make suggestions on any issues of common interest; (d)make recommendations for efficiencies, greater effectiveness and synergies between the Parties to the Agreement; (e)ensure that this Agreement operates properly; (f)provide an annual report to the JMC on the state of the relationship that the Parties to the Agreement shall make public; (g)deal appropriately with any matter under this Agreement referred to it by the Parties to this Agreement; (h)establish sub-committees to assist it in the performance of its duties. These sub-committees should, however, not duplicate bodies established under other agreements between the Parties to the Agreement;

(i)consider situations where either Party to the Agreement deems its interests have been or could be adversely affected by decision-making processes in areas of cooperation not governed by a specific agreement. Composition, Chair and Participants 1. The JCC will be composed of representatives of both Parties. 2. The JCC will be co-chaired by one senior official from the European External Action Service and one from Global Affairs Canada respectively. 3. Each Party to the Agreement will inform the co-chairs of the composition of its delegation before each meeting of the JCC. 4. 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 JCC will meet annually, or as jointly approved. Meetings of the JCC will be convened by the co-chairs. Meetings will be held in the European Union and Canada alternately, on a date determined by joint approval. Special meetings of the JCC may be held at the request of either Party to the Agreement. 2. With the co-chairs approval, these special meetings of the JCC may exceptionally be held by means of video- or teleconference. 3. The meetings of the JCC 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 A representative of the European External Action Service and a representative of Global Affairs Canada will act jointly as secretaries to the JCC. Relevant communications to and from the co-chairs will be forwarded to the secretaries. Agendas for meetings 1. The secretariat of the host Party to the Agreement will draw up a provisional agenda for each meeting in consultation with the other secretariat. 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. The co-chairs may, with approval from the Parties if necessary, set a different time limit for a particular meeting. 2. Either Party to the Agreement may request the secretariat to put an item on the agenda. The provisional agenda will include all items in respect of which the secretariat has received such a request not later than 21 working days before the date of the meeting. 3. The agenda will be approved by the co-chairs and will be adopted by the JCC 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 approve.

4. The Parties to the Agreement will ensure regular contacts, including by videoconference, ahead of the JCC meeting to take stock of thematic and geographical dialogues that may have taken place prior to the meeting. The content of these exchanges will feed into the agenda of the JCC. Minutes 1. The co-chairs will sum up the conclusions reached by the JCC at each meeting. The two secretariats will approve the draft minutes on the basis of those conclusions. The first draft of the minutes will be proposed by the host secretariat within 15 working days following the date of the meeting. 2. The Parties will approve the draft within 30 working days following the date of the meeting or by a date approved by the Parties. Once the Parties have approved the draft minutes, two original copies shall be signed by the co-Chairs by hand or electronically. Recommendations 1. Recommendations of the JCC will be adopted by joint approval of the Parties to the Agreement and will be included in the joint minutes. The minutes will be communicated on the EU side, to as appropriate, the General Secretariat of the European Commission, the European External Action Service, the General Secretariat of the Council of the EU, the Permanent Representations of the Member States to the European Union and on the Canadian side to the appropriate Canadian authorities. 2. The JCC will make related recommendations on any disputes arising from the implementation of this Agreement. Such recommendations will be made in accordance with Article 28 of the Agreement. Annual report to the Joint Ministerial Committee 1. The secretariat will ensure that an annual report on the state of the relationship is prepared and is transmitted to the Parties to the Agreement at least 15 working days before the JCC. 2. The JCC will approve the annual report to be provided to the JMC. The report will then be made public. Expenses 1. Each Party to the Agreement will bear the expenses it incurs as a result of participating in the meetings of the JCC, 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 in connection with the organisation of meetings and reproduction of documents. Establishment of sub-committees 1. The JCC may establish sub-committees to assist it in the performance of its duties. The sub-committees will report to the JCC after each of their meetings and will not duplicate bodies established under other agreements between the Parties to the Agreement. 2. The JCC may abolish any existing sub-committees, define or amend their Terms of Reference or to set up further sub-committees. Confidentiality When a Party to the Agreement submits information designated as confidential to the JCC, the other Party shall treat the information as such.

ANNEX 3 THE EU-CANADA JOINT COPERATION COMMITTEE Sub-committees and their Terms of Reference 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 Articles 27.3 (b) (viii) and 28(2) thereof, and to the Terms of Reference of the Joint Cooperation Committee, Whereas: (1)To allow for expert level discussions on the key areas falling within the scope of the Agreement, the Joint Cooperation Committee can establish sub-committees. HAS APPROVED AS FOLLOWS: The Terms of Reference of any future sub-committees will be as set out in the Annex. Signed at, For the EU-Canada Joint Cooperation Committee The co-chairs

ANNEX Terms of Reference of sub-committees of the Joint Cooperation Committee established under the Strategic Partnership Agreement Tasks