Proposal for a COUNCIL DECISION on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, on the one part, and the Republic of Estonia, of the other part with regard to the establishment of a Joint Consultative Committee by the EU-Estonia Association Council

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, which entered into force on 1 February 1998, provides, in the article 114 thereof, that the Association Council may decide to set up any other special committee or body that can assist it in carrying out its duties.

The Joint Declaration N° 8 of the Europe Agreement referring to Article 114 agreed "that the Association Council, in accordance with Article 114 of the Agreement, will examine the creation of a consultative mechanism composed of members of the Economic and Social Committee of the European Union and the correspondent partners of Estonia."

The Commission proposes therefore that a Joint Consultative Committee representing the social and economic interest groups of both parties be set up by the Association Council in support of the keen interest expressed, in this respect, by the social partners from both sides, represented by the Economic and Social Committee, on the part of the Community, and by the Estonian economic and social partners on the part of the Republic of Estonia.

The proposed Joint Consultative Committee is intended to constitute a forum for dialogue between the social partners of both sides which would be equally beneficial to the Estonian social partners, who will familiarise themselves with the process of consultation taking place within the Economic and Social Committee and with the dialogue between the social partners in the European Union in general, and to the social partners of the European Union who will familiarise themselves with the social dimension of the reforms of the economic and social structures taking place in the Republic of Estonia. The Association Council may also consult the proposed Joint Consultative Committee before taking decisions in areas of obvious social interest. Consultation of the committee remains, however, at the discretion of the Association Council.

The establishment of the proposed Joint Consultative Committee does not have any financial impact on the Community budget, the Estonian participants being responsible for their own expenses and the expenses on the Community side being covered by the budget of the Economic and Social Committee.

The text of the proposal for a Council decision on the position to be taken by the Community in the Association Council, as provided for by Article 2(1) of the Council and the Commission decision of 19 December 1997 on the conclusion of the aforementioned Europe Agreement, is attached hereto.

Proposal for a COUNCIL DECISION on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, on the one part, and the Republic of Estonia, of the other part with regard to the establishment of a Joint Consultative Committee by the EU-Estonia Association Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing a European Community, the Treaty establishing a European Coal and Steel Community and the Treaty establishing a European Atomic Energy Community (Euratom),

Having regard in particular to Article 300 (2), second and third subparagraphs, of the Treaty establishing the European Community,

Having regard to Article 2(1) of the Council and Commission Decision of 19 December 1997 on the conclusion of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Whereas:

(1) Article 114 of the said Europe Agreement provides that the Association Council may decide to set up any special committee or body that can assist it in carrying out its duties.

(2) Dialogue and co-operation between economic and social interest groups in the European Union and the Republic of Estonia can make a major contribution to the full implementation of the Europe Agreement.

(3) It seems appropriate that such co-operation should be between the members of the Economic and Social Committee of the European Communities and the Republic of Estonia's economic and social partners,

HAS DECIDED AS FOLLOWS:

The position to be adopted by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, in relation to the establishment of a Joint Consultative Committee shall be based on the draft decision of the said Association Council which is annexed to the present decision.

Done at Brussels,

For the Council

The President

ANNEX

DRAFT DECISION NO ....../01

of the Association Council

between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, of ......... 2001 amending, through the setting-up of a Joint Consultative Committee, Decision No 1/1998 establishing the rules of procedure of the Association Council.

THE ASSOCIATION COUNCIL

Having regard to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, and in particular Article 114 thereof,

Whereas:

(1) Dialogue and co-operation between economic and social interest groups in the European Community and the Republic of Estonia can make a major contribution to the development of their relations,

(2) It seems appropriate that such co-operation be organised between the members of the Economic and Social Committee of the European Communities and the Republic of Estonia's economic and social partners, by the setting up of a Joint Consultative Committee,

(3) This means that the rules of procedure of the Association Council, adopted by Decision 1/1998, have to be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The following rules shall be added to the Rules of Procedure of the Association Council:

"Article 15

Joint Consultative Committee

A Joint Consultative Committee is hereby established entrusted with the task of promoting dialogue and Co-operation between the economic and social interest groups in the European Union and the Republic of Estonia. Such dialogue and Co-operation shall encompass all economic and social aspects of relations between the European Union and the Republic of Estonia, as they arise in the context of the implementation of the Europe Agreement. The Joint Consultative Committee shall express its views on questions arising in these areas.

Article 16

The Joint Consultative Committee shall comprise four representatives of the Economic and Social Committee of the European Communities and four representatives of the Republic of Estonia's economic and social interest groups.

The Joint Consultative Committee shall carry out its tasks on the basis of consultation by the Association Council or, as regards the promotion of dialogue between economic and social circles, on its own initiative.

Members shall be chosen to ensure that the Joint Consultative Committee is as faithful a reflection as possible of the various economic and social interest groups in both the European Community and the Republic of Estonia.

The Joint Consultative Committee shall be co-chaired by a member of the Economic and Social Committee of the European Communities and an Estonian member.

The Joint Consultative Committee shall adopt its own Rules of Procedure.

Article 17

The Economic and Social Committee of the European Communities, on the one hand, and the Estonian economic and social interest groups, on the other hand, shall each defray the expenses they incur by reason of their participation in the meetings for the Committee and of its working groups with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure.

Expenditure in connection with interpreting at meetings, translation and reproduction of documents shall be born by the Economic and Social Committee, with the exception of Estonian expenditure in connection with interpreting or translation into or from Estonian, which shall be born by the Estonian economic and social interest groups.

Other expenditure relating to the material organisation of meetings shall be born by the Party which hosts the meetings."

Article 2

This Decision shall enter into force on the first day of the second month following the date of its adoption.

Done at Brussels,

For the Association Council

The President