Proposal for a Council Decision on a Community position on the rules of procedure of the Association Council established by 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
Date: 1998-02-09
Institutions: European Commission
Subjects: Association Council (EU), Estonia, association agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 09.02.1998 
COM(1998) 63 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position on the Rules of Procedure of the Association Council 
established by 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 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

The  Europe  Agreement  eslablishing  an  association  between 
the  (European 
Communities  and  their  Member  States, of the one  part, and  the  Republic  of  Estonia, 
of the other part, will enter into force on  1  February  1998. 

The  Association  Council  established  by  Article  109  of  the  said  Europe  Agreement 
supervises  the  implementation  of  this  Agreement  and  examines  any  major  issues 
arising within the framework  of the Agreement and any other bilateral or international 
issues of mutual interest. 

As provided in Article  110(3) of the Europe Agreement with Estonia, the Association 
Council  shall establish  its rules of procedure at its first  meeting which is foreseen  for 
24 February  1998. In conformity  with Article  113(1) of the Europe Agreement, these 
rules  of  procedure  shall  determine  the  duties  of  the  Association  Committee,  which 
shall assist the Association Council  in the performance of its duties. 

The  draft  proposal  further  provides  for  nine  subcommittees  which  will  assist  the 
Association Committee in specific fields covered by the Europe Agreement., 

As 
/ 

laid  down  by  Article  2(1)  of  Council  and  Commission  Decision 
/ECSC/EC/Euratom of 22 December  1997 on the conclusion of the said Europe 
Agreement, the Community position in the Association Council will be established by 
decision of  the Council on proposal of the Commission. 

It is therefore proposed that the Council approves the attached proposal. 

2 

Proposal for a Council Decision 

on  a  Community  Position  on  the  Rules  of  Procedure  of  the  Association  Council 
established  by  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 

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 Atomic Energy Community (Euratom), 

Having  regard  to  Article  2(1)  of  the  Council  and  Commission  Decision  of  22 
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, 

Whereas Article  109 of the  Europe Agreement establishes an Association Council, 

Whereas  Article  110  of  the  said  Agreement  provides  that  the  Association  Council 
shall  be  assisted  by  an  Association  Committee,  and  Article  110 (3)  the  Association 
Council shall adopt its own rules of procedure, 

Whereas  Article  113  of  the  said  Agreement  provides  that  the  Association  Council 
shall, in its rules of procedure, determine the duties of the Association Committee and 
that  the  Association  Council  may  delegate  any  of  its  powers  to  the  Association 
Committee, 

1 IAS DECIDED AS FOLLOWS: 

The  position  to  be  adopted  by  the  Community  within  the  Association  Council 
established  hy  Article  109  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, in relations to the rules of procedure of the said 
Association  Council  and  the  delegation  of  its powers to  the  Association  Committee 
referred  to  in  Article  110  of  the  said  Europe  Agreement  shall  be  based  on  the 
Association Council's draft  decision, annexed to this Decision. Minor amendments to 
these draft decision may be accepted without further  decision of the Council. 

Done at Brussels, 

for the Council 

DECISION No  1/98 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 

1998 

adopting its rules of procedure 

( 

/ 

/ 

) 

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 Articles  109, 110, 111, 112, 113 and  114 thereof, 

Whereas that Agreement entered into force on 

1998, 

HAS DECIDED AS FOLLOWS: 

Article J 

Chairmanship 

The  Association  Council  shall  be  presided  over  alternately  for  periods  of  12 months  by  a 
representative  of the  Council  of the  European  Union,  on  behalf  of the  Community  and  its 
Member States, and a representative of the Government of the  Republic of Estonia. The  first 
period  shall  begin  on  the  date  of  the  first  Association  Council  meeting  and  end  on  31 
December  1998. 

Article 2 

Meetings 

The  Association  Council  shall  meet  regularly  at  ministerial  level  once  a  year.  Special 
sessions  of  the  Association  Council  may  be  held  if  the  Parties  so  agree,  at  the  request  of 
either Party. 

Unless otherwise agreed  by the Parties, each session of the Association  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 Association  Council  shall be jointly  convened  by the  secretaries  of the 
Association Council in agreement with the President. 

Article 3 

Representation 

The  members  of  the  Association  Council  may  be  represented  if  unable  to  attend.  If  a 
member  wishes  to  be  so  represented,  he  must  notify  the  President  of  the  name  of  his 
representative before the meeting at which he is to be so represented. 

The representative of a member of the Association Council shall exercise all the rights of that 
member. 

Article 4 

Delegations 

The members of the Association Council may be accompanied  by officials. 

Before  each  meeting,  the  President  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 
Association  Council,  as an  observer,  when  matters  which  concern  the  Bank  appear  on  the 
agenda. 

The Association  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 the  Republic  of  Estonia  in  Brussels  shall  act jointly  as  secretaries  of  the 
Association  Council. 

Article 6 

Correspondence 

Correspondence  addressed  to  the  Association  Council  shall  be  sent  to  the  President  of  the 
Association  Council at the address of the General  Secretariat of the Council  of the European 
Union. 

The  two  secretaries  shall  ensure  that  correspondence  is  forwarded  to  the  President  of  the 
Association  Council  and, where appropriate, circulated  to other  members of the  Association 
Council.  Correspondence  circulated  shall  be  sent  to  the  General  Secretariat  of  the 
Commission, the  Permanent  Representations  of the  Member  States  and  the  Mission  of  the 
Republic of Estonia in Brussels. 

Communications  from  the President of the Association Council  shall be sent to the addresses 
by  the  two  secretaries  and  circulated,  where  appropriate,  to  the  other  members  of  the 
Association Council at the addresses indicated in the preceding paragraph. 

b 

Article 7 

Publicity 

Unless otherwise decided, the meetings of the Association Council shall not  be public. 

Article 8 

Agendas for meetings 

1.  The President shall draw up a provisional  agenda for each meeting. It shall be  forwarded 
by the secretaries of the Association Council to the addresses 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 President has received 
a  request  for  inclusion  in  the  agenda  not  later  than  21  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  Association  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.  The  President  may, in agreement  with the two Parties, shorten the time  limits specified  in 
paragraph  I 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 Association Council, 

-  statements the entry of which has been requested by a member of the Association Council, 

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

The draft  minutes  shall  be submitted  to the Association  Council  for  approval. They  shall  be 
approved  within  three  months  after  each  Association  Council  meeting.  When  approved,  the 
minutes shall be signed by the President and the two secretaries. The minutes shall be filed  in 
the archives of the General  Secretariat of the Council of the European Union who is acting as 
depository  of the documents  of the Association;  a certified  copy  shall be forwarded  to each 
of the addressees referred to in Article 6. 

t 

Article  10 

Decisions  and  recommendations 

1.  The  Association  Council  shall  lake  its  decisions  and  recommendations  by  common 
agreement  of the  Parties. 

During 
recommendations  by  written procedure  if both Parties so agree. 

inter-sessional  period, 

the  Association  Council  may 

the 

take  decisions  or 

2.  The  decisions  and  recommendations  of  the  Association  Council  within  the  meaning  of 
Article  111  of  the  Europe  Agreement  shall  be  entitled  respectively 
'Decision'  and 
'Recommendation'  followed  by  a  serial  number,  by  the  date  of  their  adoption  and  by  a 
description  of their  subject. 

The  decisions  and  recommendations  of  the  Association  Council  shall  be  signed  by  the 
President  and  authenticated  by the  two  secretaries. 

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

The  Association  Council  may  decide 
its  decisions  and 
recommendations  in the  Official  Journal  of the  European  Communities  and  the  Riigi  Teataja 
(Estonian  State Gazette). 

to  order  publication  of 

Article  11 

Languages 

The  official  languages  of  the  Association  Council  shall  be  the  official  languages  of  the  two 
Parties. 

Unless  otherwise  decided, 
documental ion  prepared  in these  languages. 

the  Association  Council  shall  base 

its  deliberations  on 

Article  12 

Expenses 

The  Community  and  the  Republic  of  Estonia  shall  each  defray  the  expenses  they  incur  by 
reason  of  their  participation  in  the  meetings  of  the  Association  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  Community,  with  the  exception  of  expenditure  in 
connection  with  interpreting  or translation  into or from  Estonian,  which  shall  be borne  by  the 
Republic  of  Estonia. 

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

> 

Article 13 

Association  CommiHee 

I.  An Association Commillee is hereby established  in order to assist  Ihe Association  Council 
in  carrying  out  its  duties.  It  shall  be  composed  of  representatives  of  the  members  of  the 
Council  of  the  European  Union  and  of  members  of  the  Commission  of  the  European 
Communities,  on  the  one  hand,  and  of  representatives  of  the  Estonian  Government  on  the 
other, normally at senior civil servant level. 

2.  The  Association  Committee  shall  prepare  the  meetings  and  the  deliberations  of  the 
Association  Council, implement the decisions of the Association  Council  where  appropriate 
and,  in general, ensure  continuity  of the  association  relationship  and the proper  functioning 
of  the  Europe  Agreement.  It  shall  consider  any  matter  referred  to  it  by  the  Association 
Council  as  well  as  any  other  matter  which  may  arise  in  the  course  of  the  day-to-day 
implementation  of  the  Europe  Agreement.  It  shall  submit  proposals  or  any  draft 
decisions/recommendations  for adoption to the  Association Council. 

1.  In cases  where the Europe Agreement  refers  to an obligation  to consult  or a possibility of 
consultation,  such  consultation  may  take  place  within  the  Association  Committee.  The 
consultai ion may continue in the Association Council  if the two Parties so agree. 

4.  The rules of procedure of the Association Committee are annexed to this Decision. 

Article 14 

Subcommittee and special groups 

The 
subcommittees, mentioned  in Article  114 of the Agreement, are listed  in Annex 2 to 
this Decision. Subcommittees shall work under the authority of the Assocation Committee, to 
which they shall report after  each one of their meetings. 

The  Association  Committee  may  decide  to  abolish  any  existing  subcommittees  or  groups, 
modify  their  terms  of  reference  or  set  up  further  subcommittees  or  groups  to  assist  it  in 
carrying out its duties. 

These subcommittees and groups shall not have any decision-making power. 

Done at  Brussels, 

1998. 

For the Association Council 

The President 

ANNEX J 

;. 

RULES OFPROGEDURE OF THE ASSOCIATION COMMITTEE 

Article J 

Chairmanship 

The Association  Committee shall  be presided over alternately  for periods of  12 months by a 
representative  of  the  European  Commission,  on  behalf  of the  Community  and  its  Member 
States, and  a representative  of the Government  of the  Republic of Estonia. The first  period 
shall  begin  on  the  date  of  the  first  Association  Council  meeting  and  end  on  31  December 
1998. 

Article 2 

Meetings 

The  Association  Committee  shall  meet  when  circumstances  require  with  the  agreement  of 
both Parties. 

Each meeting of the Association  Committee shall  be held at a time and place agreed  by both 
Parties. 

The meetings of the Association Committee shall be convened by the chairman. 

Article 3 

Delegations 

Before  each  meeting,  the  chairman  shall  be  informed  of  the  intended  composition  of  the 
delegation of each Party. 

Article 4 

Secretariat 

An official  of the European Commission and an official  of the Estonian Government shall act 
jointly as secretaries of the Association Committee. 

All communications to and from  the chairman of the Association  Committee provided  for in 
this  Decision  shall  be forwarded  to the  secretaries of the  Association  Committee  and  to the 
secretaries and the President of the Association Council. 

Article 5 

Publicity 

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

Article 6 

Agendas for meetings 

I.  The chairman  shall  draw up a provisional  agenda  for each  meeting.  It shall  be  forwarded 
by the secretaries  of the Association  Committee  to the addresses  referred  to  in Article 4 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  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  Association  Committee  may  ask  experts  to  attend  its  meetings  in  order  to  provide 
information  on particular subjects. 

flic agenda shall  be adopted  by the Association Committee at the beginning of each meeting. 
An item other than those appearing on the provisional agenda may be placed on the agenda if 
I he I wo Parlies so agree. 

2.  The chairman  may, in agreement  with the two Parties, shorten the time limits specified  in 
paragraph  I in order to take account of the requirements of a particular case. 

Article 7 

Minutes 

Minutes shall be taken for each meeting and shall be based on a summing up by the chairman 
of the conclusions arrived at by the Association Committee. 

When  approved  by the Association  Committee, the minutes shall  be signed  by the chairman 
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. 

Article H 

Deliberations 

In  the  specific  cases  where  the  Association  Committee  is  empowered  by  the  Association 
Council  under Article  113 (2) of the Europe Agreement to take  decisions/recommendations, 
these  acts  shall  be  entitled  respectively  'Decision'  and  'Recommendation',  followed  by  a 
serial number, by the date of their adoption and by a description of their  subject. 

Whenever  the  Association  Committee  takes  a  decision,  Article  10 and  11 of  Decision  No 
1 /98  of  the  Association  Council  adopting  its  rules  of  procedure  shall  be  applied  mutatis 
mutandis. 

Decisions  and  recommendations  of  the  Association  Committee  shall  be  forwarded  to  the 
addresses referred  to in Article 4 of this Annex. 

10 

:-> 

>  Ankkf 

• 

Expenses 

:,,:.,.  v 

The  Community  and  the  Republic  of  Estonia  shall  each  defray  the  expenses  they  incur  by 
reason  of their  participation  in the meetings of the Association  Committee, both  with  regard 
to  staff, 
telecommunications 
expenditure. 

travel  and  subsistence  expenditure  and  to  postal  and 

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  Estonian, which shall be borne by the 
Republic of Estonia. 

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

h 

ANNEX 2 
EC-Estonia Europe Agreement 
Proposed Multidisciplinary  Sub-committee Structure 

Title 

Issues 

1) Agriculture and fisheries 

2) Approximation  of 
legislation, Competition and 
Opening Up of Community 
Programmes 

3)  Trade, Industry and 
Consumer  Protection 

4) Economic  Issues 

5) Human  Resources, 
Research, technological 
development and social policy 

6) Transport and Trans 
European Networks 

7)  Environment, energy and 
regional development 

X) (^operation in customs 
matters, statistics, drugs and 
prevention of illegal activities 

9) Financial services and 
Establishment  and Capital 
Movements 

Agriculture 
Fisheries 
Processed Agricultural Products 
Approximation of legislation (all areas) 
White Paper on integration  into the Internal Market 
Competition 
Intellectual and industrial property 
Public procurement 
Public administration 
Community programmes 
Commercial questions 
Industrial cooperation  and investment promotion 
Standards, technical regulations for industrial and 
processed agricultural goods and conformity  assessment 
Tourism 
Small and medium enterprises 
Consumer protection 
Economic questions 
Monetary policy 
Education, training and youth 
Science, research and technology 
Social cooperation (employment, labour market, 
legislation, industrial relations, etc) 
Cultural cooperation 
Audio-visual policy 
Transport 
Maritime Transport 
Infrastructure  and Trans european networks 
Telecommunication  (and information  infrastructure) 

Environment 

Energy 
Nuclear safety 
Regional development 
Customs cooperation 
Indirect taxation 
Statistical Cooperation 
Drugs and money laundering 
Prevention of illegal activities 
Protocols on Origin and on Mutual Assistance 
Financial services, banking, insurance 
Investment promotion, protection of investment 
Movement of workers 
Right of Establishment and services 
Capital movements and payments 

Europe 
Agreement 
Article 
16-20/78 
21-22/79 
Protocol 2 
68-70 

63-65 
66 
67 
98 
108 
9-15,23-35 
72-73 

75 
92 
74 
94 
71,97 
88 
77 
76 

91 
101 
84 
83 
53,83 
83 
84-85 
82 

80 
81 
90 
95 

96 
89, 99 
100 

86-87 
73 
36-42 
43-53 
60-62 

iX 

ISSN 0254-1475 

COM(98) 63 final 

DOCUMENTS 

EN 

11  01  06 

Catalogue  number  :  CB-CO-98-063-EN-C 

ISBN  92-78-30844-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

t*