Proposal for a Council Decision on the Community position concerning the Rules of Procedure of the Cooperation Council established by the Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia
Date: 1998-02-10
Institutions: European Commission
Subjects: Association Council (EU), North Macedonia, cooperation agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.02.1998 
COM(1998) 74  final 

Proposal for a 

COUNCIL DECISION 

ON THE COMMUNITY POSITION 

CONCERNING 

THE RULES OF PROCEDURE OF THE COOPERATION COUNCIL 

ESTABLISHED BY THE COOPERATION AGREEMENT 

BETWEEN THE EUROPEAN COMMUNITY 

AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Article 33 of the Cooperation  Agreement between the European  Community  and  the 
former  Yugoslav Republic of Macedonia foresees the establishment of a Cooperation 
Council  composed  of  representatives  of  the  Community,  on  the  one  hand,  and  of 
representatives  of  the  former  Yugoslav  Republic  of  Macedonia,  on the  other  hand. 
Its  role  consists  in  providing  a  forum  for  consultation  between  the  Contracting 
Parties and it has the power, for the purpose of attaining the objectives  set out in the 
Agreement, to take decisions in the cases provided for in the Agreement. It 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. 

2.  According to Article 33, paragraph 3 of the Cooperation Agreement, the Cooperation 
Council  shall  establish  its  own  rules  of  procedure.  Article  3  (2)  of  the  Council 
Decision  97/831 /EC  of  27  November  1997  on  the  conclusion  of  the  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. 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. 

3.  The  Cooperation  Agreement  with  the  former  Yugoslav  Republic  of  Macedonia 
follows  to  a  large  extent  the  model  of  the  1993  Cooperation  Agreement  with 
Slovenia. The Cooperation  Council is, however, the only joint  body provided  for by 
that  Agreement,  whereas  the  Cooperation  Agreement  with  Slovenia  established  a 
Cooperation  Council  and  a Cooperation  Committee. The  Cooperation  Council  with 
the  former  Yugoslav  Republic  of  Macedonia  shall  in  general  have the  functions  of 
Joint  or  Cooperation  Committees  established  by  other  cooperation  agreements 
concluded by the Community. 

4.  The draft  proposal has been based on the rules of procedure  for the Joint  Committee 
with  Albania,  adjusted  in  the  light  of  the  above  mentioned  Council  Decision,  in 
particular  with  regard  to the publication  of the  Cooperation  Council's  decisions  . It 
also provides more detailed rules on working parties and on expenses. 

5.  The  Council  is  requested  to  adopt  the  annexed  Commission  proposal  on  a 
Community position in relation to the rules of procedure of the Cooperation  Council 
with the former Yugoslav Republic of Macedonia. 

ol 

PROPOSAL FOR A COUNCIL DECISION 
ON A COMMUNITY POSITION 
CONCERNING 
THE RULES OF PROCEDURE OF THE COOPERATION  COUNCIL 
ESTABLISHED BY THE COOPERATION  AGREEMENT 
BETWEEN THE EUROPEAN  COMMUNITY 
AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Council  Decision  97/831/EC  of  27  November  19971  on  the 
conclusion  of  the  Cooperation  Agreement  between  the  European  Community  and" the 
former Yugoslav Republic of Macedonia, and in particular Article 3 thereof, 

Having regard to the Commission proposal2, 

Whereas  a  Cooperation  Agreement  between  the  European  Community  and  the  former 
Yugoslav Republic of Macedonia has been signed on 29 April 1997, 

Whereas Article 33 of the Cooperation Agreement establishes a Cooperation Council, 

Whereas Article  33 of the said Agreement  further  provides that the Cooperation  Council 
shall adopt its own rules of procedure, 

Whereas Article  36 of the said Agreement  further  provides that the Cooperation  Council 
may  decide  to  set up working  parties, the composition,  duties  and  functioning  of  which 
shall be determined in the rules of procedures, 

Whereas  the  Community  should  therefore  define  its  position  to  be  adopted  in  the 
Cooperation Council with regard to these Rules of Procedure, 

HEREBY DECIDES AS FOLLOWS: 

The  position  to  be  adopted  by  the  Community  within  the  Cooperation  Council 
established  by virtue of Article  33 of the Cooperation  Agreement  between the  European 
Community  and  the  former  Yugoslav  Republic  of Macedonia  in relation  to the  rules  of 
procedure  of the said Cooperation  Council  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, 

'OJL348,  18.12.1997, p. 1 
2 OJC79,  12.03.1997, p.l 

Decision n° 1 of the Cooperation Council 
concerning the Rules of Procedure of the Cooperation Council established by the 
Cooperation Agreement between the European  Community 
and the former Yugoslav Republic of Macedonia 

THE COOPERATION  COUNCIL, 

Having  regard  to  the  Cooperation  Agreement  between  the  European  Community  of 
the one part, and the former  Yugoslav  Republic  of Macedonia,  of the other part, and 
in particular Articles 33 to 36 thereof, 

Whereas that Agreement entered into force on  1  January  1998. 

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURES: 

Article 1 

CHAIRMANSHIP 

The  office  of  Chairman  of  the  Cooperation  Council  shall  be  held  alternately  for 
periods  of  twelve  months  by  a  representative  of  the  former  Yugoslav  Republic  of 
Macedonia  and  a representative  of  the  European  Community,  hereinafter  referred  to 
as  the  "Community".  However,  the  first  period  shall  begin  on  the  date  of  the  first 
Cooperation Council and end on 31 December of the same year. 

MEETINGS 

1. 
Each  session  of  the  Cooperation  Council  shall  be  held  at  a  time  and  place 
agreed  by  both  Parties  in  the  Community  and  the  former  Yugoslav  Republic  of 
Macedonia alternately. 
2. 
held if both Parties so agree, at the request of either Party. 
3. 
public. 

The Cooperation  Council  shall meet once a year. Additional  meetings may be 

Unless otherwise  agreed the sessions  of the  Cooperation  Council  shall  not  be 

^ 

Article 3 

DELEGATIONS 

Prior  to  each  session,  the  Community  and  the  former  Yugoslav  Republic  of 
Macedonia shall agree on the level of representation of the Cooperation Council. They 
shall  also  inform  each  other  of  the  intended  composition  of  their  respective 
delegations. 

Article 4 

SECRETARIAT,  COMMUNICATIONS 

An  official  of  the  former  Yugoslav  Republic  of  Macedonia  and  an  official  of  the 
Commission  of  the  European  Communities  shall  act  jointly  as  Secretaries  of  the 
Cooperation Council. 

All communications to and from the Chairman shall be forwarded to these Secretaries. 

ArtkkJ. 

AGENDA 

The  Chairman  and  the  Secretaries  shall  draw  up  the  provisional  agenda  for 

1. 
each session. 

The provisional  agenda  shall  consist  of those items  in respect  of which a request  for 
inclusion has reached the Secretaries not less than 21 days before the beginning of the 
session. 

The only items which may appear on the provisional  agenda shall be those in respect 
of which the relevant documentation has been forwarded  to the Secretaries referred  to 
in Article 4 not later than the date of dispatch of this agenda. 

The  agenda  shall  be  adopted  by  the  Cooperation  Council  at  the  beginning  of  each 
session.  Where  both  Parties  agree,  items  which  do  not  appear  on  the  provisional 
agenda may be included. 

The Chairman may, in agreement with the two parties, shorten the time  limits 

2. 
laid down in Paragraph  1  to take account of the requirements of a particular case. 

r 

ArticieJ* 

MINUTES 

Minutes  shall  be  taken  for  each  session  and  shall  include  the  summing  up  of  the 
proceedings  by  the  Chairman.  Upon  adoption  by  the  Cooperation  Council,  the 
minutes  shall  be  signed  by  the  Chairman and the  Secretaries  and one  original  copy 
filed by each of the Parties. 

Article 7 

WORKING PARTIES 

1. 
The Cooperation Council may establish working parties on specific  subjects to 
assist it in carrying out its duties. They  shall be composed of representatives  of both 
Parties. 
2. 
The working parties shall work under the authority of the Cooperation Council 
which shall determine their objectives and the scope of their activities . They shall not 
take decisions  but can make recommandations  to the Cooperation  Council  to  which 
they shall report after each one of their meetings. 

The Cooperation Council can at any time modify the terms of reference of the 

3. 
working parties and terminate their existence. 

ArtidsJ* 

AMENDMENTS 

The Cooperation Council may make such amendments to the Rules of Procedure as it 
may  find  appropriate  to  facilitate  the  efficient  performance  of  its  tasks,  without 
prejudice to Articles 33-36 of the Cooperation Agreement. 

Articje_2 

ACTS 

Decisions  adopted by the Cooperation  Council  within the meaning  of Article  33  (1) 
shall be signed by the Chairman and the Secretaries. 

Decisions,  Resolutions,  Recommendations  or  Opinions  of  the  Cooperation  Council 
formulated within the meaning of Article 33 (2) of the Cooperation Agreement shall 
be  followed  by  a  serial  number,  by  the  place  and  date  of  their  adoption  and  by  a 
description of their subject. 

Decisions taken by the Cooperation Council shall be published by the Parties in their 
respective  official  gazettes. The Cooperation Council  may decide  on the publication 
of any other of its acts. 

Article 10 

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. 

Article 11 

EXPENSES 

The Community,  on the one hand, and the former Yugoslav  Republic  of  Macedonia 
on the other, shall defray the expenses that they incur as a result of their participation 
in  meetings  of  the  Cooperation  Council  and of  working  parties  in  respect  of  staff, 
travelling and subsistence expenses and also of postal and telecommunications costs. 

in  connection  with 

interpretation  at  meetings,  translation  and 
Expenditure 
reproduction of documents  shall be borne by the  Community,  with the  exception  of 
expenditure  in connection  with  interpretation  or translation  into  or from the  official 
language of the former Yugoslav Republic of Macedonia, which shall be borne by the 
former Yugoslav Republic of Macedonia. 

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

n-

FINANCIAL STATEMENT 

1. 

TITLE OF OPERATION 

Rules  of  Procedure  of  the  Cooperation  Council  established  by  the  Cooperation 
Agreement  between  the  European  Community  and  the  former  Yugoslav  Republic  of 
Macedonia (FYROM): Establishment of a Cooperation Council and, where appropriate, 
of special working parties. 

2. 

BUDGET HEADING INVOLVED 

A-701 : Mission expenses 
(exA-130) 
A-7031 : Meetings of committees 
(exA-2510) 

In  accordance  with  Article  3  of  Council  decision  97/831/EC  mentioned  below,  the 
Council may decide that the Presidency of the Council shall represent the Community in 
the Cooperation Council. In that case, budget heading A-7031 will not be involved and 
relevant meeting costs will be chargeable to the Council budget. 

3. 

LEGAL BASIS 

Articles  33-36  of  the  Cooperation  Agreement  between  the  European  Community  and 
FYROM. Council decision 97/831/EC of 27 November  1997 on the conclusion  of that 
Agreement, and in particular Article 3 thereof. 

4. 

DESCRIPTION OF OPERATION 

4.1 

General objective 

Implementation of the institutional provisions of the Cooperation Agreement 

4.2 

Period covered and arrangements for renewal 

unlimited 

5. 

CLASSIFICATION OF EXPENDITURE OR REVENUE 

5.1 

Compulsory/Non-compulsory expenditure 

Non-compulsory expenditure. 

5.2 

Differentiated/Non-differentiated  appropriations 

Non-differentiated  appropriations. 

53 

Type of revenue involved 

No revenues. 

t 

6. 

TYPE OF EXPENDITURE OR REVENUE 

100%  subsidy  (missions  by  officials,  organisation  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) 

See section  10. No operational expenditure involved. 

7.2 

Itemised breakdown of cost 

Commitment appropriations ECU million (at current prices) 
n + 2 

n + 3 

n + 4 

Total 

n + 5 
and 
subs, yrs 

Breakdown 

yearn 

n +1 

Total 

13  Operational expenditure for studies, experts etc. included in Part B of the budget 

Commitment appropriations ECU million (at current prices) 

yearn 

n +1 

n + 2 

n + 3 

n + 4 

n + 5 and 
subs, yrs 

Total 

- Studies 
- Meetings of experts 
- Conferences and 
congresses 
- Information and 
publications 

Total 

7.4  Schedule of commitment and payment  appropriations 

yearn 

n +1 

n + 2 

n + 3 

n + 4 

ECU million 
n + 5 and 
subs, yrs 

Total 

Commitment 
appropriations 
Payment 
appropriations 
yearn 
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  institutionalised  dialogue  between  the  European  Community  and  FYROM 
will  be  an  essential  prerequisite  for  achieving  the  aims  of  the  Cooperation 
Agreement, namely the promotion  of trade  and  investment  flows,  economic  and 
social development in the country and close cooperation across a wide number of 
policy fields. 

Targeted are economic operators and the general public in FYROM. 

9.2  Grounds for  the  operation 

Coordinated  approach  by  the  European  Community  to  cooperation  with 
FYROM.  Approach  is  similar  to  that  of  Cooperation  Agreements  with  other 
countries in the region (for example: Albania). 

93  Monitoring  and evaluation of the  operation 

Periodic stock-taking between the Commission and FYROM authorities. 

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 

Staff to be assigned to 
managing the operation 
Permanent 
posts 

Temporary 
posts 

Officials  or 
temporary 
staff 
Other resources 

A 
B 
C 

Total 

0.25 

0.25 
0 
0,5 

0 
0 
0 
0 
0 

Source 

Existing 
resources in 
the DG or 
department 
concerned 
0,25 

0.25 
0 
0,5 

Duration 

Additional 
resources 

0 

0 
0 

/o 

10.2  Overall financial impact of existing human  resources 

Amounts 
54.000 
Officials 
Temporary staff 
0 
Other resources (indicate budget heading)  0 

ECU 
Method of calculation 
0.5 men/year x 108.000 = 54.000 

Total  1  54.0000 

| 

103  Other administrative expenditure as a result of the operation 

Budget heading 

Amounts 

Method of calculation 

A-701 
(ex A-130) 
(mission expenses) 

10.000 

Cooperation Council 
Involvement of 10 officials from the Commission (1 /year 
alternated Skopje/Brussels) 
Skopje: 10 officials x 1.000 = 10.000 
Brussels: 

ECU 

9.000 

Working Parties 
3 working parties (2/year alternated Skopje/Brussels) 
Skopje: 3 officials x 3 working parties x 1.000 = 9.000 

Total  19.000 

A-7031 
(ex A-2510) 

Pm-

(meetingof Committees) 

{Cooperation Council 

{Working Parties 

N.B.  The  necessary  resources  for  missions  by  Commission  officials  will  be  obtained  through 
redeployment  of  existing  resources.  Travel  costs  for  Council  representatives  participating  in 
meetings  of  the  Cooperation  Council  and  working  parties  are  paid  by  the  Council  Secretariat 
General.  If the Presidency of the Council represents the Community in the Cooperation  Council, 
Commission  budget  heading  A-7031  will  not  be  involved  and  relevant  meeting  costs  will  be 
chargeable to the Council budget. 

L/ 

ISSN 0254-1475 

COM(98) 74 final 

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