Proposal for a COUNCIL DECISION as regards a Community position on the rules of procedure pursuant to Article 63 of the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and of the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. On 1 July 1997 the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, entered into force.

2. Through Article 63(1) of the Agreement a Joint Committee for European Community-Palestinian Authority trade and co-operation is established.

3. At the request of Chairman Arafat, Commissioner Patten has convened the first Joint Committee to take place on 22 May 2000.

4. Pursuant to Article 63(3) of the Agreement, the Joint Committee shall adopt its own rules of procedure.

5. The Commission therefore requests the Council to define the Community position to be presented to the Joint Committee at the meeting of 22 May 2000.

2000/0059 (ACC)

Proposal for a COUNCIL DECISION as regards a Community position on the rules of procedure pursuant to Article 63 of the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and of the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, was concluded on 2 June1997,

(2) pursuant to Article 63 (3) of that Agreement the Joint Committee shall adopt its own rules of procedure,

HAS DECIDED AS FOLLOWS:

Single Article

The position that the Community will adopt at the Joint Committee established pursuant to Article 63 of the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, as regards the adoption of the rules of procedure is based on the draft decision of the Joint Committee annexed to this decision

Done at Brussels,

For the Council

The President

ANNEX

Draft DECISION No ... OF THE JOINT COMMITTEE OF ... adopting its rules of procedure pursuant to Article 63 (3) of the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and of the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part

THE JOINT COMMITTEE

Having regard to the Euro-Mediterranean Interim Association Agreement on Trade and Co-operation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, and in particular Articles 63 to 67 thereof,

Whereas that Interim Agreement entered into force on 1 July 1997,

HAS DECIDED AS FOLLOWS:

Article 1

Chairmanship

The office of Chairman of the Joint Committee shall be held alternately for periods of 12 months by the Commission of European Community, on behalf of the Community, and a representative of the Palestinian Authority. The first period shall begin on the date of the first Joint Committee meeting and end on 31 December 2000.

Article 2

Meetings

The Joint Committee shall meet regularly once a year and when circumstances require, on the initiative of its Chairman.

The meetings of the Joint Committee shall be jointly convened by the secretaries of the Joint Committee in agreement with the Chairman.

Article 3

Composition

The Joint Committee shall be composed of representatives of the Community and of the Palestinian Authority.

The Commission, assisted by the representatives of the Member States, shall represent the Community in the Joint Committee.

Article 4

Delegations

The members of the Joint Committee may be accompanied by officials. Before each meeting, the Chairman shall be informed of the intended composition of the delegation of each Party.

A representative of the European Investment Bank shall attend the meetings of the Joint Committee as an observer when matters which concern the Bank appear on the agenda.

The Joint Committee may invite, by agreement between the Parties, experts to attend its meetings in order to provide information on particular subjects.

Article 5

Secretariat

An official of the Commission of the European Community and the PLO General Delegate in Brussels shall act jointly as secretaries of the Joint Committee.

Article 6

Correspondence

Correspondence addressed to the Joint Committee shall be sent to the Chairman of the Joint Committee at the address of the Commission.

The two secretaries shall ensure that correspondence is forwarded to the Chairman of the Joint Committee.

Communications from the Chairman of the Joint Committee shall be sent to the addressees by the two secretaries.

Article 7

Publicity

Unless otherwise decided, the meetings of the Joint Committee shall not be public.

Article 8

Agenda for meetings

1. The Chairman shall draw up a provisional agenda for each meeting. It shall be forwarded by the secretaries of the Joint Committee to the addressees referred to in Article 6 not later than 15 days before the beginning of the meeting.

The provisional agenda shall include the items in respect of which the Chairman has received a request for inclusion in the agenda not later than 21 days before the beginning of the meeting, save that such items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the secretaries not later than the date of dispatch of the agenda.

The agenda shall be adopted by the Joint Committee 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.

2. The Chairman may, in agreement with the Parties, shorten the periods specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 9

Minutes

Draft minutes of each meeting shall be drawn up by the two secretaries.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

- the documentation submitted to the Joint Committee,

- statements which a member of the Joint Committee has asked to be entered,

- the decisions taken, the statements agreed upon and the conclusions adopted.

The draft minutes shall be submitted to the Joint Committee for approval. They shall be approved within three months after each Joint Committee meeting. When approved, the minutes shall be signed by the Chairman and the two secretaries. The minutes shall be filed in the archives of the Commission; a certified true copy shall be forwarded to each of the addressees referred to in Article 6.

Article 10

Decisions, resolutions, recommendations or opinions

1. The Joint Committee shall adopt its decisions by mutual agreement of the Parties.

In the period between meetings, the Joint Committee may adopt decisions by written procedure if both Parties so agree.

The decisions of the Joint Committee within the meaning of Article 63(1) second subparagraph of the Interim Association Agreement shall be entitled respectively 'Decision' followed by a serial number, by the date of their adoption and by a description of their subject.

The decisions of the Joint Committee shall be signed by the Chairman and authenticated by the two secretaries.

Decisions shall be forwarded to each of the addressees referred to in Article 6.

The Joint Committee may decide to order publication of its decisions in the Official Journal of the European Communities and the Official Journal of the Palestinian Authority of the West Bank and Gaza Strip.

2. The Joint Committee may also formulate any resolutions, recommendations or opinions which it considers desirable for the attainment of the common objectives and the smooth functioning of the Agreement.

Article 11

Languages

The official languages of the Joint Committee shall be the official languages of the two Parties.

Unless otherwise decided, the Joint Committee shall base its deliberations on documentation prepared in those languages.

Article 12

Expenses

The Community and the Palestinian Authority shall each defray the expenses they incur by reason of their participation in the meetings of the Joint Committee, both 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 borne by the Community, with the exception of expenditure in connection with interpreting or translation into or from Arabic, which shall be borne by the Palestinian Authority.

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