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 23 February 1998 adopting its rules of procedure
Date: 1998-02-23
Institutions: EC–Estonia Association Council
Subjects: Association Council (EU), Estonia, European Association Agreement, rules of procedure

12. 3. 98

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Official Journal of the European Communities

L 73/17

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(Acts whose publication is not obligatory)

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 23 February 1998

adopting its rules of procedure

(98/191/EC)

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 1 February
1998,

HAS DECIDED AS FOLLOWS:

Article 1

Chairmanship

The Association Council shall be presided over alternately
the
for periods of 12 months by a representative of
Council of
the
the European Union, on behalf of
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 minis-
terial 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 rep-
resented 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
Council shall exercise all the rights of that member.

the Association

Article 4

Delegations

The members of the Association Council may be accom-
panied 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.

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Article 5

Secretariat

Article 9

Minutes

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
jointly as
Secretaries of the Association Council.

shall act

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 addressees by the two Sec-
retaries and circulated, where appropriate, to the other
members of the Association Council at the addresses in-
dicated in the preceding paragraph.

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 addressees referred to in
Article 6 not later than 15 days before the beginning of
the meeting.

The provisional agenda shall include 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 documenta-
tion has been forwarded to the Secretaries not later than
the date of despatch 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.

The President may,

in agreement with the two
2.
Parties, shorten the time limits specified in paragraph 1 in
order to take account of the requirements of a particular
case.

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 and recommendations taken, the state-
ments agreed upon and the conclusions adopted.

The draft minutes shall be submitted to the Association
Council for approval. 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 addres-
sees referred to in Article 6.

Article 10

Decisions and Recommendations

The Association Council shall take its decisions and

1.
recommendations by common agreement of the Parties.

During the inter-sessional period, the Association Council
may take decisions or recommendations by written pro-
cedure if both Parties so agree.

The decisions and recommendations of the Associa-
2.
tion Council within the meaning of Article 111 of the
Europe Agreement shall be entitled respectively ‘Deci-
sion’ 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 authen-
ticated by the two Secretaries.

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

Each Party may decide on the publication of decisions
and recommendations of the Association Council in its
respective official publication (the Official Journal of the
European Communities and the Riigi Teataja).

Article 11

Languages

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

Unless otherwise decided, the Association Council shall
base its deliberations on documentation prepared in these
languages.

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Article 12

Expenses

The Community and the Republic of Estonia shall each
defray the expenses they incur by reason of their parti-
cipation 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 Committee

1.
An Association Committee is hereby established in
order to assist the 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 Commun-
ities, on the one hand, and of representatives of
the
Estonian Government on the other, normally at senior
civil servant level.

shall prepare

The Association Committee

and the deliberations of
the decisions of
implement

the
2.
the Association
meetings
Council,
the Association
Council where appropriate and, in general, ensure con-
the association relationship and the proper
tinuity of
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.
any draft decisions/
It
the Association
recommendations
Council.

submit proposals or
for

adoption to

shall

3.
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 consultation may continue in the Asso-
ciation Council if the two Parties so agree.

The

4.
Committee are annexed to this Decision.

procedure

rules

of

of

the Association

Article 14

Subcommittees and special groups

The subcommittees, mentioned in Article 114 of
the
Europe Agreement, are listed in Annex II to this De-
cision. Subcommittees shall work under the authority of
the Association Committee, to which they shall report
after each 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 de-
cision-making power.

Done at Brussels, 23 February 1998.

For the Association Council

The President

R. COOK

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12. 3. 98

ANNEX I

RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE

Article 1

Chairmanship

The Association Committee shall be presided over alter-
nately 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 Govern-
ment 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 circum-
stances 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
convened by the Chairman.

the Association Committee shall be

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 inclu-
sion 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.

agenda

shall be

The
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 the two Parties so agree.

adopted by

The Chairman may,

2.
in agreement with the two
Parties, shorten the time limits specified in paragraph 1 in
order to take account of the requirements of a particular
case.

Article 3

Delegations

Article 7

Minutes

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

1.
The Chairman shall draw up a provisional agenda
for each meeting. It shall be forwarded by the Secretaries
of the Association Committee to the addressees referred

Minutes shall be taken for each meeting and shall be
based on a summing up by the Chairman of the conclu-
sions 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
the addressees
minutes shall be forwarded to each of
referred to in Article 4.

Article 8

Deliberations

the Europe Agreement

In the specific cases where the Association Committee is
empowered by the Association Council under Article
113(2) of
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 descrip-
tion of
their subject. Decisions and recommendations
shall be made by common agreement between the Parties.

The decisions and recommendations of the Association
Committee shall be signed by the President and authen-
ticated by the two Secretaries and shall be forwarded to
the addressees referred to in Article 4 of this Annex. Each
Party may decide on the publication of the decisions and
recommendations of this Association Committee in its
respective official publication (i.e. the Official Journal of
the European Communities and the Riigi Teataja).

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Article 9

Expenses

The Community and the Republic of Estonia shall each
defray the expenses they incur by reason of their partic-
ipation in the meetings of the Association Committee,
both with regard to staff, travel and subsistence expend-
iture 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.

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ANNEX II

MULTIDISCIPLINARY SUB-COMMITTEE STRUCUTRE

Title

Issues

(1) Agriculture and fisheries

Agriculture

Fisheries

Processed Agricultural Products

Europe
Agreement
Article

16-20/78

21/22/79

Protocol 2

(2) Approximation of legisla-
and
of Com-

tion,
Opening Up
munity Programmes

Competition

Approximation of legislation (all areas)

68-70

White Paper on integration into the Internal
Market

Competition

Intellectual and industrial property

Public procurement

Public administration

Community programmes

(3) Trade,

Industry

and

Commercial questions

Consumer Protection

Industrial cooperation and investment promo-
tion

technical

Standards,
industrial
and processed agricultural goods and conformity
assessment

regulations

for

Tourism

Small and medium enterprises

Consumer protection

63-65

66

67

98

108

9-15, 23-35

72-73

75

92

74

94

(4) Economic Issues

Economic questions

71, 97

Monetary policy

(5) Human

Research,
development
policy

Resources,
technological
social

and

Education, training and youth

Science, research and technology

Social cooperation (employment, labour market,
legislation, industrial relations, etc)

Cultural cooperation

Audio-visual policy

(6) Transport and Trans Euro-

Transport

pean Networks

Maritime Transport

88

77

76

91

101

84

83

53, 83

Infrastructure and Trans european networks

83

Telecommunication (and
structure)

information infra-

84-85

(7) Environment, energy and

Environment

regional development

Energy

Nuclear safety

Regional development

82

80

81

90

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Title

Issues

(8) Cooperation in customs
statistics, drugs
illegal

matters,
and prevention of
activities

Customs cooperation

Indirect taxation

Statistical Cooperation

Drugs and money laundering

Prevention of illegal activities

Protocols on Origin and on Mutual Assistance

Europe
Agreement
Article

95

96

89, 99

100

(9) Financial services and Es-
and Capital

tablishment
Movements

Financial services, banking, insurance

86/87

Investment promotion, protection of investment

73

Movement of workers

Right of Establishment and services

Capital movements and payments

36-42

43-53

60-62