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COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 11.02.1998 
COM(1998) 35 final 
Proposal for a 
COUNCIL DECISION 
ON THE COMMUNITY POSITION 
IN RELATION TO 
THE RULES OF PROCEDURE OF THE CO-OPERATION COUNCIL 
AND THE CO-OPERATION COMMITTEE 
ESTABLISHED BY THE PARTNERSHIP AND CO-OPERATION AGREEMENT 
BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES 
AND UKRAINE 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. The Partnership and Co-operation Agreement establishing a Partnership between the 
European Communities and their Member states, of the one part, and Ukraine, of the other 
part (PCA), foresees the establishment of a Co-operation Council composed of members of 
the Council of the European Union and members of the European Commission, on the one 
hand, and of members of the Government of Ukraine, on the other. Its role consists in 
monitoring the implementation of the Agreement and in examining any major issues arising 
within the framework of the Agreement and any other bilateral or international issues of 
mutual interest for the purpose of attaining the objectives of the Agreement. 
According to the terms of the Partnership and Co-operation Agreement and in -particular 
Articles 85 - 89 thereof, the Co-operation Council shall establish its own rules of procedure 
as well as the rules of procedure of the Co-operation Committee, the role of which consists in 
preparing all Co-operation Council meetings and generally assisting the Co-operation Council 
in the performance of its duties. 
3. Article 2.1 of the joint decision by the Council and the Commission of 19981 on the 
conclusion of the Partnership and Cooperation Agreement provides that the position to be 
adopted by the Community in the Cooperation Council shall be determined by the Council, on 
a proposal from the Commission (or, where appropriate, by the Commission). In accordance 
with this provision, the annexed draft rules of procedure are proposed for adoption as 
Community position, by means of a decision by the Council. 
4. The Cooperation Council and Cooperation Committee as institutions are modeled on the 
Association Councils and Association Committees established under the various Europe 
Agreements with the CEECs, with (virtually) identical Rules of Procedure. - The relevant 
institutional provisions contained in the Ukraine Agreement (and in Partnership and 
Cooperation Agreements with other NIS), which constitute the "legal base" for the Rules of 
Procedure, do not differ significantly from those in the Europe Agreements (except for the 
aspect referred to in paragraph 7, below). The rules of procedure established under the EAs 
are therefore the obvious point of departure for drafting the rules of procedure for the Ukraine 
Cooperation Council and CCt. 
5. The proposed annexed draft rules of procedure follow closely the draft proposed for Russia. 
The exact character which the meetings of the Cooperation Council and Cooperation 
Committee will take is as yet unknown. However the Ukrainian authorities are likely to 
establish a close comparison with the rules and practice that will be established with Russia in 
this respect and refer to them in further requests. 
6. The rules of procedure should be kept as light and flexible as possible, allowing them to 
accommodate a variety of different models of the institutions in question. The Rules of 
Procedure established under the Europe Agreements are a suitable model for the Ukraine rules 
of procedure. They constitute indeed a sufficiently flexible framework, limiting themselves to 
defining the main lines of the institutions' operations, not going into excessive detail. 
' COM xx, which is not yet formally adopted 
o2-4 
7. One notable difference between the institutional provisions of the Europe Agreements and that 
of the PCAs is that Cooperation Councils can make only (non-binding) recommendations 
(Art. 85 of the PCA), whereas Association Councils can take decisions. Appropriate minor 
adjustments must therefore be made to the model Rules of Procedure to reflect this aspect. 
8. The practice under the Europe Agreements is that all meetings of the Association Councils 
take place in the EU. While this corresponds to EU practice in mixed agreement contexts, it is 
not in line with standard diplomatic usage. Though there has been no request from the 
Ukrainian authorities for alternating venues, Ukraine is likely to request a treatment 
equivalent to that of Russia. Therefore the formula proposed for Russia, that the venue will 
be in the EU, unless the Parlies agree otherwise, could be used here. The annexed draft 
Rules of Procedure allow holding Cooperation Council meetings alternately in the EU and in 
Kiev, if necessary. 
9. The annexed draft rules of procedure are proposed for adoption as Community position, 
according to Article 2.1 of the joint decision by the Council and the Commission of 
19982 on the conclusion of the PCA between the European Communities and their Member 
States and Ukraine, by means of a decision of the Council. 
10. The Council is therefore requested to adopt the annexed Commission proposal on a 
Community position in relation to the rules of procedure of the Co-operation Council and the 
Co-operation Committee with Ukraine. 
COM xx, which is not yet formally adopted 
PROPOSAL FOR A COUNCIL DECISION 
ON THE COMMUNITY POSITION 
IN RELATION TO 
THE RULES OF PROCEDURE OF THE CO-OPERATION COUNCIL 
AND THE CO-OPERATION COMMITTEE 
ESTABLISHED BY THE PARTNERSHIP AND CO-OPERATION AGREEMENT 
BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES 
AND UKRAINE 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, the Treaty establishing the 
European Coal and Steel Community and the Treaty establishing the European Community of 
Atomic Energy (Euratom), 
Having regard to Article 2.1 of the Council and Commission Decision of 1998 on the 
conclusion of the Partnership and Co-operation Agreement between the European Communities 
and their Member states, of the one part, and Ukraine, of the other part. 
Having regard to the Commission proposal, 
Whereas Article 85 of the Partnership and Co-operation Agreement establishes a Co-operation 
Council, 
Whereas Article 87 of the Partnership and Co-operation Agreement provides that the Co-operation 
Council shall be assisted by a Co-operation Committee and Article 86 of the Partnership and Co­
operation Agreement further provides that the Co-operation Council shall adopt its own rules of 
procedure, 
Whereas Article 87 of the said Agreement further provides that the Co-operation Council shall, in 
its rules of procedure, determine the manner of functioning of the Co-operation Committee and that 
the Co-operation Council may delegate any of its powers to the Co-operation Committee, 
Whereas Article 88 of the said Agreement further provides that the Co-operation Council may 
decide to set up any other special committee or body that can assist it in carrying out its duties. 
HEREBY DECIDES AS FOLLOWS: 
The position to be adopted by the Community within the Co-operation Council established by 
virtue of Article 85 of the Partnership and Co-operation Agreement between the European 
Communities and their Member states, of the one part, and Ukraine, of the other part, in relation to 
the rules of procedure of the said Co-operation Council, as well as of the Co-operation Committee 
referred to in Article 87 of the Partnership and Co-operation Agreement shall be based on the draft 
rules of procedure annexed to the present decision. Minor modifications of the said draft rules of 
procedure may be accepted without further decision by the Council. 
Done at Brussels. 
DRAFT 
RULES OF PROCEDURE 
OF THE 
COOPERATION COUNCIL 
BETWEEN I 
THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES OF THE ONE 
PART AND 
UKRAINE ON THE OTHER PART 
THE COOPERATION COUNCIL 
having regard to the Agreement on Partnership and Cooperation between the European 
Communities and their Member states, on the one part, and Ukraine, on the other part, 
and in particular Articles 85 to 87 thereof, 
Whereas that Agreement entered into force on . 
HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE: 
Article 1 
Presidency 
The Cooperation Council shall be presided over alternately for periods of twelve months 
by a representative of the Council of the European Union, on behalf of the Communities 
and their Member States, and a representative of the Government of Ukraine. However, 
the first period shall begin on the date of the first Cooperation Council and end on 31 
December of the same year. 
Article 2 
Meetings 
The Cooperation Council shall meet regularly at ministerial level once a year. Special 
sessions of the Cooperation council may be held at the request of either party, if the 
parties so agree. 
Unless otherwise agreed by the Parties, each session of the Cooperation Council shall be 
held at the usual venue for meetings of the Council of the European Union at a date 
agreed by both Parties. 
The meetings of the Cooperation Council are jointly convened by the Secretaries of the 
Cooperation Council. 
Article 3 
Representation 
The members of the Cooperation Council may be represented if prevented from attending. 
Each member may normally be represented by the Head of the Mission or Permanent 
Representation to the European Union or a senior official having an equivalent status. 
In all other cases, a member wishing to be represented shall notify the President of the 
name of its representative before the meeting at which he is to be so represented. 
The representative of a member of the Cooperation Council shall exercise all the rights of 
that member. 
Article 4 
Delegations 
The members of the Cooperation Council may be accompanied by officials. 
Before each meeting, the President shall be informed of the intended composition and of 
the head of the delegation of each Party. 
The Cooperation Council may invite non-members to attend its meetings in order to 
provide information on particular subjects. 
Article 5 
Secretariat 
An official of the General Secretariat of the Council of the European Union and an official 
of the Mission of Ukraine in Brussels shall act jointly as Secretaries of the Cooperation 
Council. 
Article 6 
Documents 
When the deliberations of the Cooperation Council are based on written supporting 
documents, such documents shall be numbered and circulated as documents of the 
Cooperation Council by the two Secretaries. 
Article 7 
Correspondence 
Correspondence addressed to the Cooperation Council or to the President of the 
Cooperation Council shall be forwarded to both Secretaries of the Cooperation Council. 
The two Secretaries shall ensure that correspondence is forwarded to the President of the 
Cooperation Council and, where appropriate, circulated as documents referred to in 
Article 6 to other members of the Cooperation Council. Correspondence circulated shall 
be sent to the General Secretariat of the Commission, the Permanent Representations of 
Member states of the European Union, the Mission of Ukraine in Brussels and the 
Delegation of the European Commission in Kiev. 
Communications from the President of the Cooperation Council shall be sent to the 
recipients by the respective Secretary and, where appropriate, circulated as documents 
referred to in Article 6 to the other members of the Cooperation Council at the addresses 
indicated in the preceding paragraph. 
Article 8 
Agenda for the meetings 
1. A provisional agenda for each meeting shall be drawn up by the Secretaries of the 
Cooperation Council, in agreement with the two Parties. It shall be forwarded to 
the addressees referred to in article 7 not later than fifteen days before the 
beginning of the meeting. 
The provisional agenda shall include the items in respect of which a request for 
inclusion in the agenda has been received by either of the two Parties not later than 
twenty-one days before the beginning of the meeting, save that 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 Cooperation 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 two Parties so agree. 
2. In agreement with the Parties, the time limits specified in paragraph 1 may be 
shortened, in order to take account of the requirements of a particular case. 
Article 9 
Minutes 
Draft minutes of each meeting shall be drawn up jointly 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 Cooperation Council; 
statements the entry of which has been requested by a member of the Cooperation 
Council; 
the recommendations adopted, the statements agreed upon and conclusions 
adopted on specific items. 
The minutes shall also include a list of members of the Cooperation Council or their 
representatives who participated in the meeting. 
The draft minutes shall be submitted to the Cooperation Council for approval at its next 
meeting. When approved, two authentic copies of the minutes shall be signed by the two 
Secretaries and filed by the Parties. A copy of the minutes shall be forwarded to each of 
the addressees referred to in Article 7 above. 
10 
Article 10 
Recommendations 
1. The Cooperation Council shall make its recommendations by common agreement 
between the Parties. 
During the inter-sessional period, the Cooperation Council may make 
recommendations by written procedure if the Parties so agree. A written 
procedure consists of an exchange of notes between the two Secretaries, acting in 
agreement with the Parties. 
2. The recommendations of the Cooperation Council within the meaning of Article 
85 of the Partnership and Cooperation Agreement -shall be entitled 
"recommendation", followed by a serial number, by the date of their adoption and 
by a description of their subject. 
The recommendations of the Cooperation Council shall be authenticated by the 
two Secretaries and two authentic copies signed by the Heads of delegation of the 
two Parties. 
Recommendations shall be forwarded to each of the addressees referred to in 
Article 7 above as documents of the Cooperation Council. 
Article 11 
Publicity 
1. Unless otherwise decided, the meetings of the Cooperation Council shall not be 
public. 
2. Each Party may decide on the publication of the recommendations of the 
Cooperation Council in its respective official publication. 
Article 12 
Languages 
The official languages of the Cooperation Council shall be the official languages of the 
Parties. 
The Cooperation Council shall normally base its deliberations on documentation prepared 
in these languages. 
11 
Article 13 
Expenses 
The European Communities and Ukraine shall each defray the expenses they incur by 
reason of their participation in the meetings of the Cooperation Council, 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 European Communities, with the exception of 
expenditure in connection with interpretation or translation into or from Ukrainian, which 
shall be borne by Ukraine. 
Other expenditure relating to the material organization of meetings shall be borne by the 
Party which hosts the meetings. 
Article 14 
Cooperation Committee 
A Cooperation Committee is hereby established in accordance with article 87 of 
the Partnership and Cooperation Agreement, in order to assist the Cooperation 
Council in carrying out its duties. It shall be composed of representatives of the 
Commission of the European Communities and of the members of the Council of 
the European Union, on the one hand, and of representatives of the Government 
of Ukraine on the other, normally at senior civil servant level. 
The Cooperation Committee shall prepare the meetings and the deliberations of 
the Cooperation Council, monitor the implementation of the recommendations of 
the Cooperation Council where appropriate and, in general, ensure continuity of 
the partnership relationship and the proper functioning of the Partnership and 
Cooperation Agreement. It shall consider any matter referred to it by the 
Cooperation Council, as well as any other matter which may arise in the course of 
the day-to-day implementation of the Partnership and Cooperation Agreement. It 
shall submit proposals of any draft recommendations for adoption to the 
Cooperation Council. 
Consultations foreseen in Articles 18 and 49, as well as Annex 2 of the Partnership 
and Cooperation Agreement shall take place within the Cooperation Committee. 
The consultation may continue in the Cooperation Council if the Parties agree. 
The rules of procedure of the Cooperation Committee are attached as Annex to 
the present Rules of Procedure. 
12 
Done at 
For the Co-operation Council 
Head of the EU Delegation Head of the Ukraine Delegation 
13 
ANNEX 
RULES OF PROCEDURE OF THE COOPERATION COMMITTEE 
Article 1 
Presidency 
The Cooperation Committee shall be presided over alternatively for periods of twelve 
months by a representative of the Commission of the European Communities, on behalf of 
the Communities and their Member States, and a representative of the Government of 
Ukraine. The first period shall begin on the date of the first Cooperation Council meeting 
and end on 31 December of the same year. 
Article 2 
Meetings 
The Cooperation Committee shall meet once a year and when circumstances require, with 
the agreement of the Parties. 
Each meeting of the Cooperation Committee shall be held at a time and place agreed by 
the Parties. 
The meetings of the Cooperation Committee are convened by the President. 
Article 
Delegations 
Before each meeting, the President shall be informed of the intended composition of the 
delegation of each Party. 
Article 4 
Secretariat 
An official of the Commission of the European Communities and an official of the 
Government of Ukraine shall act jointly as Secretaries of the Cooperation Committee. 
All communications to and from the President of the Cooperation Committee provided for 
in this Annex shall be forwarded to the Secretaries of the Cooperation Committee and to 
the Secretaries and President of the Cooperation Council. 
Article 5 
Publicity 
Unless otherwise decided, the meetings of the Cooperation Committee shall not be public. 
14 
Article 6 
Agenda for the Meetings 
1. A provisional agenda for each meeting shall be drawn up by the Secretaries of the 
Cooperation Committee. It shall be forwarded to the addressees referred to in 
Article 4 not later than fifteen days before the beginning of the meeting. 
The provisional agenda shall include the items in respect of which the President 
has received a request for inclusion in the agenda not later than twenty-one days 
before the beginning of the meeting, save that 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 Cooperation 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. In agreement with the Parties, the time limits specified in paragraph 1 may be 
shortened, in order to take account of the requirements of a particular case. 
3. The Cooperation Committee may ask experts to attend its meetings in order to 
provide information on particular subjects. 
Article 7 
Minutes 
Minutes shall be taken for each meeting and shall be based on a summing up by the 
President of the conclusions arrived at by the Cooperation Committee. 
Upon adoption by the Cooperation Committee, the minutes shall be signed by the 
President and by the Secretaries and filed by each of the Parties. A copy of the minutes 
shall be forwarded to each of the addressees referred to in Article 4 of the present Annex. 
Article 8 
Deliberations 
The Cooperation Committee shall not make recommendations except in the specific cases 
where it is empowered by the Cooperation Council under Article 87.2 In such cases these 
acts shall be entitled "recommendation", followed by a serial number, by the date of their 
adoption and by description of their subject. Recommendations shall be made by common 
agreement between the parties. 
Recommendations of the Cooperation Committee shall be forwarded to the addressees 
referred to in Article 4 of the present Annex. The Cooperation Committee may decide on 
the publication of such recommendations. 
The recommendations of the Cooperation Committee shall be signed by the President and 
the Secretaries. 
15 
Article 9 
Expenses 
The European Communities and Ukraine shall each defray the expenses they incur by 
reason of their participation in the meetings of the Cooperation Committee and of its 
special committees and bodies, 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 European Communities, with the exception of 
expenditure in connection with interpretation or translation into or from Ukrainian, which 
shall be borne by Ukraine. 
Other expenditure relating to the material organization of meetings shall be borne by the 
Party which hosts the meetings. 
Article 10 
Sub- committees and working groups 
The Cooperation Committee may determine a list of sub-committées and working groups. 
They shall be considered to work under the authority of the Cooperation Committee, to 
which they shall report after each meeting. 
The Cooperation Committee may modify the terms of reference of any sub-committees 
and working groups, or set up further sub-committees or working groups to assist it in 
carrying out its duties. 
16 
FINANCIAL STATEMENT 
1 TITLE OF OPERATION 
Rules of Procedure of the Co-operation Council and the Co-operation Committee 
established by the Partnership and Co-operation Agreement between the European 
Communities and their Member States and Ukraine (PCA) : Establishment and operation of 
a EU-Ukraine Cooperation Council, a Cooperation Committee, and of special (sub-)committees 
and other bodies as required. 
2 BUDGET HEADING INVOLVED 
A-130 : Mission expenses 
A- 2510 : Meetings of committees 
3 LEGAL BASIS 
Joint decision by the Council and die Commission on the conclusion of the Partnership and 
Cooperation Agreement between the European Communities and their Member States and 
Ukraine (to be adopted). 
4 DESCRIPTION OF OPERATION 
4.1 General objective 
Implementation of the institutional provisions of the PCA. 
4.2 Period covered and arrangements for renewal 
10 years (= duration of the PCA, Art. 101, with possibility of extension). 
5 CLASSIFICATION OF EXPENDITURE OR REVENTE 
5.1 Compulsory/Non-compuIsory expenditure 
Non-compulsory expenditure. 
5.2 Differentiated/Non-diffcrcntiatcd appropriations 
Non-differentiated appropriations. 
5.3 Type of revenue involved 
No revenues. 
6 TYPE OF EXPENDITURE OR REVENUE 
100% subsidy (missions by officials, organization of conferences, interpretation, translation, 
reproduction of documents) 
^ 
7 FINANCIAL IMPACT 
7.1 Method of calculating total cost of operation (relation between individual and total 
costs) 
7.2 See section 10. No operational expenditure involved. 
Itemized breakdown of cost 
Breakdown 
Total yearn n+1 Commitment appropriations ECU million 
(at current prices) 
n + 2 n +3 n + 4 
• n + 5 
and 
subs, yrs Total 
. 
7.3 Operational expenditure for studies, experts etc. included in Part B of the budget 
Commitment appropriations ECU million (at current prices) 
- Studies 
- Meetings of 
experts 
- Conferences and 
congresses 
- Information and 
publications 
Total yearn n+ 1 n + 2 n + 3 n + 4 n + 5 and 
subs, yrs Total 
If 
7.4 Schedule of commitment and payment appropriations 
ECU million 
Commitment 
appropriations 
Payment 
appropriations 
yearn 
n+1 
n + 2 
n +3 
n + 4 
n + 5 
and subs, yrs 
Total year n n+ 1 n + 2 n + 3 n + 4 n + 5 and 
subs, yrs Total 
-
8 FRAUD PREVENTION MEASURES 
Checks by the responsible officials. 
9 ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
9.1 Specific and quantified objectives; target population 
The institutionalized dialogue between the EU and Ukraine will be an essential 
prerequisite for achieving the aims of the PCA, namely the promotion of trade and 
investment flows, the support to political and economic reforms in Ukraine and close 
cooperation across a wide number of policy fields. 
Targeted are economic operators and the general public in Ukraine and the EU. 
9.2 Grounds for the operation 
Coordinated approach by the European Communities and their Member states to 
cooperation with Ukraine, avoiding duplication of efforts and establishing the EU as one 
of the main interlocutors of Ukraine. Approach is similar to that of Partnership and 
Cooperation Agreements with other NIS, as well as of Europe Agreements with the 
CEECs. 
9.3 Monitoring and evaluation of the operation 
Regular stock-taking of the results and effectiveness of the dialogue by Commission and 
Council. 
19 
10 ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE BUDGET) 
Actual mobilization of the necessary administrative resources will depend on the Commission's 
annual decision on the allocation of resources, taking into account the number of staff and 
additional amounts authorized by the budgetary authority. 
10.1 Effect on the number of posts 
Type of post 
Officials or 
temporary 
staff A 
B 
C 
Other resources 
Total Staff to be assigned to 
managing the operation 
Permanent 
posts 
2 
0 
0.5 
0 
2.5 Temporary 
posts 
0 
0 
0 
0 
0 Source 
Existing 
resources in 
the DG or 
department 
concerned 
2 
0 
0.5 
0 
2.5 Additional 
resources 
0 
0 
0 Duration 
. 
10.2 Overall financial impact of additional human resources 
ECU 
Amounts Method of calculation 
Officials 0 No additional human resources required. 
Temporary staff 0 
Other resources (indicate budget heading) 0 
Total 1 0 1 
o2o 
10.3 Increase in other administrative expenditure as a result of the operation 
ECU 
Budget heading Amounts Method of calculation 
Cooperation Council 
N.B. All meetings to be held in Brussels once a year. Council 
side is in the lead for organizing these meetings, so 
Commission will only participate with its officials, but not 
p.m. bear any costs (conference organization, interpretation...) 
A-130 Cooperation Committee 
N.B. Meetings (usually 1 x/yr) alternate between Brussels and 
Kiev. 
Kiev meetings (once every 2 years) 
30.000 • 4-day mission for 15 Commission officials from various 
DGs. 
Sub-committees and other bodies 
N.B. Estimated: 6 meetings per year; half in Kiev, half in 
Brussels. 
Kiev meetings (3 per year) 
20.000 * One 4-day mission per year for 10 officials (Trade Facts 
Working Group). 
12 000 * ^w0 ^-day missions for 3 officials (other sub-committees). 
A-2510 D m Travel costs for Council representatives participating in 
meetings of the Cooperation Committee and of sub­
committees and other groups are paid by the Council 
Secretariat general. 
TOTAL 
A-130 62.000 = for years where Cooperation Committee is in Kiev 
32.000 = for years where Cooperation Committee is in Brussels 
A-2510 p.m. 
N.B. The necessary resources for missions by Commission officials will be obtained through 
redeployment of existing resources. 
oil 



ISSN 0254-1475 
COM(98) 35 final 
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